Estes v. Commissioner of Social Security

Filing 34

ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS. Accordingly, the ALJ's non-disability determination is not supported by substantial evidence in the record presented. Therefore, plaintiff's 25 Motion for contempt, 26 Request for audio-v isual record, and 19 Request for addendum are DENIED. Plaintiff's 31 Motion to expedite is GRANTED. Defendant's decision is found NOT TO BE SUPPORTED BY SUBSTANTIAL EVIDENCE, REVERSED and REMANDED for additional review under Sentence Four. This case is hereby TERMINATED. Signed by Chief Judge Susan J. Dlott on 6/18/12. (mtw) (Additional attachment(s) added on 6/18/2012: # 1 Certified Mail Receipt) (mtw).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Timothy J. Estes,
Plaintiff(s),
vs.
Commissioner of Social Security,
Defendant(s).

:
:
:
:
:
:
:
:
:

Case Number: 1:11cv496
Chief Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge
Stephanie K. Bowman filed on May 25, 2012 (Doc. 32), 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 June 11, 2012, hereby ADOPTS said Report and
Recommendation.
Accordingly, the ALJ’s non-disability determination is not supported by substantial evidence in
the record presented.
Therefore, plaintiff’s motion for contempt, request for audio-visual record, and request for
addendum (Docs. 19, 25 and 26) are DENIED.
Plaintiff’s motion to expedite (Doc. 31) is GRANTED.
Defendant’s decision is found NOT TO BE SUPPORTED BY SUBSTANTIAL EVIDENCE,
REVERSED and REMANDED for additional review under Sentence Four.
This case is hereby TERMINATED.
IT IS SO ORDERED.

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