Manus v. Commissioner Of Social Security

Filing 14

ORDER adopting Report and Recommendation 13 . Case is Reversed and Remanded for further proceedingss. Signed by Judge Herman J. Weber on 9/10/09. (do, )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION SHANNON MANUS, Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant ORDER This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 13) to which neither party has objected. Upon a de novo review of the record, the Court finds that the Judge has accurately set forth the controlling principles of law and properly applied them to the particular facts of this case. This Court accepts the Report as uncontroverted. The Report and C-1-08-243

Recommendation is ADOPTED AND INCORPORATED herein. Accordingly, for the reasons stated in the Report and Recommendation (doc. no. 13), the Commissioner's decision to deny plaintiff DIB and SSI benefits is REVERSED AND REMANDED pursuant to Sentence Four of 42 U.S.C. §405(g). On remand, the

Commissioner shall obtain testimony and evaluation from a medical expert in order to reevaluate the weight to be given to the opinions of Ms. Satterthwaite, Dr. Kocian-Figueroa and Dr. Kahn, and to provide an accurate RFC assessment.

2 Additionally, the Commissioner's hypothetical question to the vocational expert shall accurately portray plaintiff's impairments and limitations. IT IS SO ORDERED.

s/Herman J. Weber Herman J. Weber, Senior Judge United States District Court