Chappel v. Commissioner of Social Security

Filing 16

ORDER adopting Report and Recommendation 15 . This case is hereby Reversed and Remanded under Sentence Four of 42 U.S.C 405(g). This case is Terminated on the docket of this Court. Signed by Judge Herman J. Weber on 4/21/11. (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

MARY L. CHAPPEL,
Plaintiff
v.

C-1-09-865

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. 15) to
which neither party has objected.
Upon a de novo review of the record, the Court finds that the
Magistrate Judge has accurately set forth the applicable law and has
properly applied it to the particular facts of this case. Accordingly, in the
absence of any objections by the parties, this Court accepts the Report
as uncontroverted. The Report and Recommendation is ADOPTED AND
INCORPORATED herein.

2
For the reasons stated in the Report and Recommendation (doc. no.
15) the decision of the Commissioner to deny plaintiff DIB benefits is
REVERSED and this case is REMANDED under Sentence Four of 42 U.S.C.
§ 405(g). Upon remand, the ALJ is instructed to: (1) carefully review
evidence of plaintiff’s allegations of additional limitations based on
evidence of fibromyalgia and/or carpal tunnel syndrome and (2) properly
review the medical evidence and give specific reasons for the weight
given to the opinions of plaintiff’s treating physicians.
This case is TERMINATED on the docket of this Court.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court