Maddox v. Commissioner of Social Security Administration

Filing 18

Opinion and Order For the reasons stated in the Order, the Court adopts the Report and Recommendation ("R&R")in its entirety including its instructions to the ALJ (Doc #: 16 ), vacates the Commissioner's decision, and remands the case to the SSA for further proceedings consistent with the R&R. Signed by Judge Dan Aaron Polster on 6/13/2018. (K,K)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
NUKEYA MADDOX,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION

Defendant.

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CASE NO. 1:17-CV-1097
JUDGE DAN AARON POLSTER
OPINION AND ORDER

This case is before the Court on the Report and Recommendation of Magistrate Judge
Thomas M. Parker, issued on May 29, 2018. (Doc #: 16 (“R&R”).) Therein, Magistrate Judge
Parker recommends that the Court vacate the final decision of the Commissioner and remand the
case to the Social Security Administration (“SSA”) for further review, pursuant to sentence four
of 42 U.S.C. § 405(g). Specifically, in a thorough, 45-page R&R, the Magistrate Judge reviewed
the briefs and case law, analyzed the issues, and now recommends that the case be remanded to
the SSA, and that the Administrative Law Judge (“ALJ”) be instructed to (1) request
supplemental or clarifying evidence from Dr. Haddad in support of his disability opinions,
including clinical findings and diagnostic testing, and (2) properly assess and evaluate the
opinion evidence relating to Plaintiff’s impairments in accordance with agency regulations and
controlling law.
Under the relevant statute,
Within fourteen days after being served with a copy, any party may
serve and file written objections to such proposed findings and

recommendations as provided by rules of court. A judge of the court
shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection
is made.
28 U.S.C. § 636(b)(1).
On June 12, 2018, the deadline for filing objections, the Commissioner filed a response to
the R&R stating that it will not file any objections. (Doc #: 17.)
Accordingly, the Court ADOPTS the R&R in its entirety including its instructions to the
ALJ (Doc #: 16), VACATES the Commissioner’s decision, and REMANDS the case to the SSA
for further proceedings consistent with the R&R.
IT IS SO ORDERED.

/s/ Dan A. Polster June 13, 2018
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE

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