Wilson v. Commissioner of Social Security

Filing 17

Order: The Magistrate Judge's R&R (Doc. 16 ) be, and the same hereby is, adopted as the order of this Court. The Commissioner's decision denying the plaintiff's application for benefits be, and the same hereby is, affirmed. Judge James G. Carr on 6/23/17. (Attachments: # 1 Report and Recommendation)(C,D)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Douglas Wilson, Case No. 3:16CV1771 Plaintiff v. ORDER Nancy A. Berryhill, Acting Commissioner of Social Security, Defendant This is a Social Security case in which the plaintiff, Douglas Wilson, appeals the Commissioner’s decision denying his application for benefits. Pending is Magistrate Judge Ruiz’s Report and Recommendation (Doc. 16), which rejected Wilson’s arguments that the administrative law judge: 1) violated the treating-physician rule when he rejected the opinion of Dr. Brendan Bauer; 2) gave insufficient weight to the opinion of Dr. Nicholas Denbesten, a non-treating consultative examiner; and 3) gave undue weight to the opinions of two State agency physicians. Having found no merit in these arguments, the Magistrate Judge recommended that I affirm the Commissioner’s decision. Wilson has not objected to the R&R. Because the failure to object to the R&R amounts to a waiver of Wilson’s right to de novo review, Amison v. Legg, 2015 WL 853526, *1 (N.D. Ohio) (Lioi, J.), and because in any event I find the R&R to be well-taken, it is hereby ORDERED THAT: 1. The Magistrate Judge’s R&R (Doc. 16) be, and the same hereby is, adopted as the order of this Court; and 2. The Commissioner’s decision denying the plaintiff’s application for benefits be, and the same hereby is, affirmed. So ordered. /s/ James G. Carr Sr. U.S. District Judge 2

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