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)

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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

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