Smith v. Commissioner of Social Security

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations. Accordingly, the Administrative Law Judge committed reversible error. Her finding of non-disability cannot be upheld based upon the failure the Administrative Law Judg e to develop the record on critical procedural issues. It is ORDERED that the Commissioners decision to deny plaintiff SSI benefits is REVERSED and REMANDED for further development of the record. This case is hereby TERMINATED from the docket of this Court.. Signed by Chief Judge Susan J. Dlott. (wam1)

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

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Case Number: 1:11cv778
Chief Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge
Stephanie K. Bowman filed on October 23, 2012 (Doc. 15), 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 November 9, 2012, hereby ADOPTS said Report
and Recommendation.
Accordingly, the Administrative Law Judge committed reversible error. Her finding of nondisability cannot be upheld based upon the failure the Administrative Law Judge to develop the
record on critical procedural issues.
It is ORDERED that the Commissioner’s decision to deny plaintiff SSI benefits is
REVERSED and REMANDED for further development of the record.
This case is hereby TERMINATED from the docket of this Court.
IT IS SO ORDERED.

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