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10-371 - MATTHEWS v. COLVIN


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10-371 - MATTHEWS v. COLVIN
February 5, 2014
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MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 2/5/2014; that the Commissioner's decision finding no disability be REVERSED, and that the matter be REMANDED to the Commissioner under sentence four of 42 U.S.C. ยง 405(g). The Commissioner should be directed to remand the matter to the ALJ for further consideration of Plaintiff's ability to return to her past relevant work. To this extent, Defendant's Motion for Judgment on the Pleadings [Doc. #14] should be DENIED, and Plaintiff's Motion for Summary Judgment [Doc. #11] should be GRANTED. To the extent that Plaintiff's Motion for Judgment Pursuant to Rule 7(b)(1) [Doc. #10] duplicates the relief sought in Plaintiff's Summary Judgment motion, this recommendation renders such motion MOOT. Additionally, to the extent that either of Plaintiff's motions seek an immediate award of benefits, they should be DENIED. (Sheets, Jamie)