Nail v. Commissioner of Social Security

Filing 26

Order Adopting the Report and Recommendation of the Magistrate Judge. The court hereby reverses the Commissioner's decision and remands the case to the Commissioner for further administrative proceedings consistent with the Report and Recommendation. Related document 24 . Signed by Judge Solomon Oliver, Jr on 7/10/2017. (R,Sh)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION MICHELLE L. NAIL, Plaintiff v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant ) ) ) ) ) ) ) ) ) ) Case No.: 4:16 CV 1302 JUDGE SOLOMON OLIVER, JR. ORDER The Commissioner of Social Security Administration (“Commissioner”) denied supplemental security income to Plaintiff Michelle L. Nail (“Plaintiff”or “Nail”), in the above-captioned case. Plaintiff sought judicial review of the Commissioner’s decision, and this court referred the case to Magistrate Judge William H. Baughman, Jr. (“Magistrate Judge” or “Judge Baughman”) for preparation of a Report and Recommendation (“R & R”). Both parties submitted briefs on the merits. Plaintiff requested an order reversing the Commissioner’s decision on the basis that the Administrative Law Judge’s (“ALJ”) determination that she was not under a disability was not supported by substantial evidence. The Commissioner sought final judgment upholding the decision below. Judge Baughman submitted his R & R (ECF No. 24) on June 30, 2017, concluding that the court should reverse the Commissioner’s decision and remand the matter back to the Commissioner for further administrative proceedings. Specifically, the Magistrate Judge concluded that the ALJ’s decision to accord little weight to the opinion of Plaintiff’s treating physician while assigning great weight to the prior opinions of two state agency reviewing psychologists was not supported by substantial evidence and should be reversed. (R & R at 13–17.) Judge Baughman also recommended remanding the case in light of the ALJ’s failure to properly consider the findings of Plaintiff’s treating physician in determining whether Nail’s impairments match the criteria for a listed disability. (Id. at 17–18.) On July 6, 2017, the Commissioner filed a Response to Magistrate Judge’s Report and Recommendation (ECF No. 25) indicating that Defendant would not be filing Objections. The court finds, after careful de novo review of the Magistrate Judge’s R & R and all other relevant documents in the record, that the Magistrate Judge’s conclusions are fully supported by the record and controlling case law. Accordingly, the court adopts as its own the Judge Baughman’s Report and Recommendation (ECF No. 24). The court hereby reverses the Commissioner’s decision and remands the case to the Commissioner for further administrative proceedings consistent with the Report and Recommendation. IT IS SO ORDERED. /s/ SOLOMON OLIVER, JR. UNITED STATES DISTRICT JUDGE July 10, 2017 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?