OAKES v. SAUL

Filing 26

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS - After reviewing the record, the court finds that the Magistrate Judge did not commit clear error. Therefore, the court ADOPTS the Magistrate Judge's Report and Recommendation 15 . Plaintiff's case is hereby REMANDED to the Commissioner for further proceedings pursuant to 42 U.S.C. § 405(g), sentence 4. Signed by Judge Richard L. Young on 6/3/2021.(JRB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
SUZANNE O.,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
ANDREW M. SAUL, Commissioner of the
Social Security Administration,
Defendant.

No. 1:20-cv-01043-RLY-TAB

ORDER ADOPTING REPORT AND RECOMMENDATION
On May 17, 2021, the Magistrate Judge issued a Report and Recommendation,
recommending that the court remand this case to the Administrative Law Judge (1) to
address the record evidence relating to the paragraph C criteria of Listings 12.03, 12.04,
and 12.15; (2) to consider Plaintiff's absenteeism and time off task in the residual
functional capacity assessment; and (3) to provide additional reasoning1 to her analysis of
the treating source opinions. Neither party objects. Consequently, the court reviews the
Report and Recommendation for clear error. Johnson v. Zema Sys. Corp., 170 F.3d 734,
739 (7th Cir. 1999). After reviewing the record, the court finds that the Magistrate Judge

1

The Magistrate Judge found the ALJ's reasoning for discounting the opinions of the treating
sources was "very general . . . with no citations to the 'inconsistent' evidence of record." (Filing
No. 25 at 16). But because Plaintiff failed to articulate how she was harmed by the ALJ's
assessment of the treating source opinions, the Magistrate Judge found that "Plaintiff has not
provided a sufficient argument to justify remanding on this issue." (Id.). He concluded:
"However, since remand is appropriate as previously described, the ALJ should also consider
elaborating more in her discussion of Plaintiff's treatment sources and how those opinions are
inconsistent with the record." (Id.).

1

did not commit clear error. Therefore, the court ADOPTS the Magistrate Judge’s Report
and Recommendation (Filing No. 15). Plaintiff's case is hereby REMANDED to the
Commissioner for further proceedings pursuant to 42 U.S.C. § 405(g), sentence 4.

SO ORDERED this 3rd day of June 2021.

s/RLY
6/03/2021

Distributed Electronically to Registered Counsel of Record.

2