FEDERAL REMAND: ALJ Failed to Properly Evaluate if the Plaintiff Meet or Functionally Equals a Listing (Federal Case 3, p. 7)

Disabilities: Attention deficit hyperactive disorder (ADHD), and learning disorder

Report & Recommendation on Plaintiff's Motion for Summary Judgement
Federal Magistrate Judge: Robert L. Dube
United States District Court: Eleventh Circut, Southern District of Florida

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Conclusion

Based on the foregoing, this Court finds that the decision by the ALJ is not supported by substantial evidence and that the correct legal standards were not applied. Accordingly, it is ORDERED AND ADJUDGED as follows: (1) The Motion for Summary Judgment filed by the Plaintiff (D.E. #19) is GRANTED in part. (2) The Motion for Summary Judgment filed by the Defendant (D.E. #20) is DENIED. (3) The decision of the Commissioner is REVERSED AND REMANDED for further proceedings consistent with this opinion. DONE AND ORDERED this 29^th day of May, 2009.

Robert L. Dube.

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