Aganon v. Commissioner of Social Security Administration

Filing 23

Memorandum Opinion : I adopt Judge Ruiz's Report and Recommendation in its entirety as the Order of the Court. I agree the Administrative Law Judge failed to properly apply the treating physician rule and reached a decision that was not supported by substantial evidence. Therefore, the Commissioner's decision is vacated, and the matter remanded for further proceedings. re 21 Report and Recommendation. Judge Jeffrey J. Helmick on 3/26/2019. (SG,D)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

Lori Ann Aganon,

Case No. 3:17-cv-2161
Plaintiff

v.

MEMORANDUM OPINION

Commissioner of Social Security,
Defendant

Before me is the Report and Recommendation of Magistrate Judge David A. Ruiz filed on
December 20, 2018, in the above-entitled action. (Doc. No. 21). Under the relevant statute:
Within [fourteen (14)] days after being served a copy of these proposed Findings and
Recommendation, any party who wishes to object must file and serve written
objections or further appeal is waived.
United States v. Campbell, 261 F.3d 628, 631-32 (6th Cir. 2001) (citation omitted); see also 28 U.S.C. §
636(b)(1) (effective Dec. 1, 2009); Fed. R. Civ. P. 72(b)(2). In this case, the fourteen-day period has
elapsed, and the Commissioner indicates she will not be filing objections. (Doc. No. 22).
Following review of Judge Ruiz’s Report and Recommendation, I adopt it in its entirety as
the Order of the Court. I agree the Administrative Law Judge failed to properly apply the treating
physician rule and reached a decision that was not supported by substantial evidence. Therefore, the
Commissioner’s decision is vacated, and the matter remanded for further proceedings.
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge