JAMES C. DEVER, III, Chief District Judge.
On February 8, 2017, Magistrate Judge Swank issued a Memorandum and Recommendation ("M&R") [D.E. 17]. In the M&R, Judge Swank recommended that plaintiff's motion for judgment on the pleadings be granted [D.E. 12], defendant's motion for judgment on the pleadings be denied [D.E. 14], and defendant's final decision denying the request for benefits be remanded to the Commissioner.
"The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the magistrate judge's report or specified proposed findings or recommendations to which objection is made."
The court has reviewed the M&R, the record, and defendant's objections. As for those portions of the M&R to which defendant made no objection, the court is satisfied that there is no clear error on the face of the record.
The court has reviewed de novo the portions of the M&R to which defendant objected. The scope of judicial review of a final decision regarding disability benefits under the Social Security Act, 42 U.S.C. § 405(g), is limited to determining whether substantial evidence supports the Commissioner's factual findings and whether the Commissioner applied the correct legal standards.
Defendant's objections restate the arguments made to Judge Swank concerning the weight the ALJ gave to plaintiff's treating physicians and how the ALJ determined plaintiff's RFC.
In sum, defendant's objections to the M&R [D.E. 18] are OVERRULED, plaintiff's motion for judgment on the pleadings [D.E. 12] is GRANTED, defendant's motion for judgment on the pleadings [D.E. 14] is DENIED, and the action is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g).