McDaniel

ORDER

This Social Security action was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 , et seq., and Local Rule 72-302.

On January 27, 2004, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within ten days. Neither party has filed objections to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY ORDERED that:

FINDINGS AND RECOMMENDATIONS

DROZD, United States Magistrate Judge.

This social security action was submitted to the court, without oral argument, for ruling on plaintiffs motion for summary judgment and/or remand and defendant’s cross-motion for summary judgment. For the reasons explained below, the court concludes that the decision of the Commissioner of Social Security (“Commissioner”) should be reversed and this matter remanded with the direction to grant benefits.

PROCEDURAL BACKGROUND

On March 30, 2000, plaintiff Stafford McDaniel applied for…