Steward v. Commissioner of Social Security

Filing 13

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS and GRANTING 9 Motion to Remand. The Decision of the Commissioner is REVERSED and REMANDED for further proceedings under sentence four of 42 U.S.C. Section 405(g). Signed by Chief Judge Susan J. Dlott. (mtw1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION KENNETH A. STEWARD, : : Plaintiff(s), : : vs. : : COMMISSIONER OF SOCIAL SECURITY, : : Defendant(s). :

Case Number: 1:08cv590 Chief Judge Susan J. Dlott

ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Hogan filed on January 6, 2009 (Doc. 11), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired January 27, 2009, hereby ADOPTS said Report and Recommendation. Accordingly, defendant's unilateral motion for entry of judgment with remand under sentence four of 42 U.S.C. § 405(g) is GRANTED. The decision of the Commissioner is REVERSED and REMANDED for further proceedings under sentence four of 42 U.S.C. § 405(g). Upon remand, the Administrative Law Judge will: 1. Further evaluate plaintiff's mental impairment, resolve any inconsistencies with the opinion evidence, consider the evidence and re-evaluate plaintiff's maximum residual functional capacity; Consider plaintiff's substance abuse on his ability to work;

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Obtain any additional development deemed necessary to complete the administrative record, obtain supplemental evidence and if necessary obtain supplemental vocational expert testimony; and Issue a new decision.

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IT IS SO ORDERED.

___s/Susan J. Dlott____________ Chief Judge Susan J. Dlott United States District Court