Compton v. Commissioner of Social Security

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 12 Report and Recommendation in all respects. The Court REVERSES the Commissioners decision denyingPlaintiffs applications for benefits. The Court thus REMANDS the case under sentence four of 42 U.S.C. § 405(g) for the ALJ to, inter alia, re-assess all medical opinions, including the opinion of Plaintiff's treating physician and provide additional reasons for the evaluation of such opinions consistent with the Magistrate Judge's Rep ort; carefully review evidence of Plaintiffs allegations of additional limitations; include all relevant limitations into any hypotheticals presented to a vocational expert; and fully evaluate whether Plaintiff meets or equals Listing 12.03, 12.04, or 12.06. Finally, the Court ORDERS that this case be closed. Signed by Judge S Arthur Spiegel on 10/25/2012. (km1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

MICHAEL DEWAYNE COMPTON,

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Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

This
Report

and

Judge’s

matter

recommends
Plaintiff

that

is

NO. 1:11-CV-626

ORDER

before

the

Recommendation

Court

(doc.

the

decision

of

the

Disability

Insurance

and

on

the

12),

in

Commissioner

Social

Security

Magistrate
which

she

to

deny

Insurance

Benefits be reversed and the matter be remanded under sentence
four of 42 U.S.C. §405(g).
Proper notice was 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. 12) in all
respects

and

REVERSES

the

Commissioner’s

Plaintiff’s applications for benefits.

decision

denying

The Court thus REMANDS

the case under sentence four of 42 U.S.C. § 405(g) for the ALJ
to, inter alia, re-assess all medical opinions, including the
opinion of Plaintiff’s treating physician and provide additional
reasons for the evaluation of such opinions consistent with the
Magistrate

Judge’s

Report;

carefully

review

evidence

of

Plaintiff’s allegations of additional limitations; include all
relevant

limitations

into

any

hypotheticals

presented

to

a

vocational expert; and fully evaluate whether Plaintiff meets or
equals

Listing

12.03,

12.04,

or

12.06.

Finally,

the

Court

ORDERS that this case be closed.

SO ORDERED.

DATED: October 25, 2012

/s/ S. Arthur Spiegel
S. Arthur Spiegel
United States Senior District Judge