Leonard v. Heckler

MEMORANDUM AND ORDER

NEALON, Chief Judge.

The plaintiff commenced the instant action seeking to challenge the defendant’s decision to deny his claim for disability benefits under Title II of the Social Security Act. After both parties filed motions for summary judgment, the matter was referred to Magistrate J. Andrew Smyser for a Report and Recommendations. The Magistrate filed his report on August 16, 1983, and recommended that the court grant the defendant’s motion for summary judgment.

For the reasons set forth below, the court will decline to adopt the Magistrate’s Report and will remand the…