Clemmons v. Commissioner of Social Security

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 14 Report and Recommendation in all respects. The Court REVERSES the Commissioner's decision denying Plaintiffs applications for benefits. The Court thus REMANDS the case under sentence four of 42 U.S.C. § 405(g) for the ALJ to reconsider (a) whether Plaintiff meets or medically equals Listing 1.04; (b) the effects of Plaintiffs obesity and use of a hand-held device for ambulation, both at Step 3 and in formulating Plaintiffs residual fun ctional capacity at Step 4; (c) what weight to give to the residual functional capacity adopted by Plaintiffstreating physician, as well as the weight to be given to that physicians medical opinion that Plaintiffs back impairment involves pain from nerve root impingement and radiculopathy; and (d) the credibility of Plaintiffs subjective complaints. Finally, the Court ORDERS that this case be closed. Signed by Judge S Arthur Spiegel on 2/21/2012. (km1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
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SUZANNE CLEMMONS,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

NO. 1:10-CV-902

ORDER

This matter is before the Court on the Magistrate Judge’s
Report and Recommendation (doc. 14), to which no objections were
filed.
Proper Notice has been given to the parties under 28
U.S.C. § 636(b)(1)(C), including notice that the parties would
waive further appeal if they failed to file objections to the
Report and Recommendation in a timely manner.
Walters, 638 F.2d 947 (6th Cir. 1981).

United States v.

As of the date of this

Order, no objections have been filed.
Having reviewed this matter pursuant to 28 U.S.C. § 636,
the Court finds the Magistrate Judge’s Report and Recommendation
thorough, well-reasoned, and correct.
Accordingly, the Court hereby ADOPTS and AFFIRMS the
Magistrate Judge’s Report and Recommendation (doc. 14) in all
respects

and

REVERSES

the

Commissioner’s

decision

denying

Plaintiff’s applications for benefits.

The Court thus REMANDS the

case under sentence four of 42 U.S.C. § 405(g) for the ALJ to
reconsider (a) whether Plaintiff meets or medically equals Listing
1.04; (b) the effects of Plaintiff’s obesity and use of a hand-held
device

for

ambulation,

both

at

Step

3

and

in

formulating

Plaintiff’s residual functional capacity at Step 4; (c) what weight
to give to the residual functional capacity adopted by Plaintiff’s
treating physician, as well as the weight to be given to that
physician’s

medical

opinion

that

Plaintiff’s

back

impairment

involves pain from nerve root impingement and radiculopathy; and
(d) the credibility of Plaintiff’s subjective complaints. Finally,
the Court ORDERS that this case be closed.

SO ORDERED.

DATED: February 21, 2012 /s/ S. Arthur Spiegel
S. Arthur Spiegel
United States Senior District Judge

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