Muhammad v. Commissioner of Social Security

Filing 20

Order Adopting Report and Recommendation in its entirety, without objection(related docs 1 , 18 , 19 ). The Commissioner's decision is reversed and remanded for further proceedings in accordance with this opinion. Judge Donald C. Nugent on 9/14/2017(C,KA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

JERRY MUHAMMAD,
Plaintiff,
v.

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CASE NO. 5: 16 CV 2286
JUDGE DONALD C. NUGENT
ORDER ADOPTING
MAGISTRATE’S REPORT AND
RECOMMENDATION

This matter comes before the Court upon the Report and Recommendation of Magistrate
Judge Jonathan D. Greenberg. The Report and Recommendation (ECF # 18), issued on July 7,
2017, is hereby ADOPTED by this Court. Plaintiff sought review of the Commissioner’s decision
denying his application for Period of Disability, Disability Insurance Benefits, and Supplemental
Security Income under Titles II and XVI of he Social Security Act, 42 U.S.C. §§ 416(i), 423, and
1381, et seq. . The Magistrate found that the ALJ failed to consider and address Plaintiff’s obesity
at each step of the sequential evaluation, and that the case should be remanded for proper
consideration of this factor on Plaintiff’s ability to work. The Defendant has notified the Court that
no objections will be filed. (ECF #19).
The Court has reviewed de novo the Report and Recommendation, see Ohio Citizen Action

v. City of Seven Hills, 35 F. Supp. 2d 575, 577 (N.D. Ohio 1999), and ADOPTS the Report and
Recommendation in its entirety, without objection. The Commissioner’s decision is reversed and
remanded for further proceedings in accordance with this opinion.
IT IS SO ORDERED.
/s/ Donald C. Nugent
DONALD C. NUGENT
United States District Judge
DATED:

September 14, 2017

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