Godby-Dean v. Commissioner of Social Security

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 23 Report and Recommendation in its entirety. The Court VACATES the decision of the Administrative Law Judge that Plaintiff be denied Supplemental Security Income benefits, REMANDS this matter (under s entence four of 42 U.S.C. § 405(g)) to the ALJ for proceedings consistent with this Opinion, and DISMISSES this case from the Court's docket. On remand, as the Magistrate Judge recommended, the ALJ should: (1) ensure that the medical reco rd is fully developed; (2) obtain medical opinion evidence from Plaintiffs treating neurologist about whether Plaintiff's seizures are controlled with medication; and (3) re-evaluate Plaintiff's medication compliance in conformity with the requirements of Social Security Ruling 82-59. Signed by Judge S Arthur Spiegel on 12/3/2013. (km1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ANNETTE GODBY-DEAN,

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Plaintiff,
v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

NO. 1:12-CV-00734

ORDER

This matter is before the Court on the Magistrate Judge’s
October 29, 2013 Report and Recommendation (doc. 23).
notice

was

provided

to

the

parties

under

28

Proper

U.S.C.

§

636(b)(1)(C), including the advice that they would waive further
appeal if they failed to file an objection to said Report and
Recommendation in a timely manner. See United States v. Walters,
638 F.2d 947, 949-50 (6th Cir. 1981).
To date, no objections have been filed and the Court finds
no clear error in the record.

See Advisory Committee Notes to

Fed. R. Civ. P. 72; Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It
does not appear that Congress intended to require district court
review of a magistrate’s factual or legal conclusions, under a
de novo or any other standard, when neither party objects to
those

findings.”).

On

the

contrary,
1

the

Court

finds

the

Magistrate

Judge’s

Report

thorough and correct.
and

AFFIRMS

the

and

Recommendation

well-reasoned,

Accordingly, the Court ACCEPTS, ADOPTS

Magistrate

Judge’s

Report

and

Recommendation

(doc. 23), VACATES the decision of the Administrative Law Judge
(“ALJ”) that Plaintiff be denied Supplemental Security Income
benefits, REMANDS this matter (under sentence four of 42 U.S.C.
§

405(g))

Opinion,
Remand

to
and

is

the

ALJ

for

DISMISSES

appropriate

insufficient

this
in

evidence

proceedings
case

cases,

in

the

consistent

from

the

as

Court’s

here,

record

to

with

when

support

this

docket.

there

is

Defendant

Commissioner’s conclusion and further fact-finding is necessary.
See Faucher v. Sec’y of Health & Human Servs., 17 F.3d 171, 176
(6th

Cir.

1994).

On

remand,

recommended, the ALJ should:

as

the

Magistrate

Judge

(1) ensure that the medical record

is fully developed; (2) obtain medical opinion evidence from
Plaintiff’s
seizures

are

Plaintiff’s

treating

neurologist

controlled
medication

with

about

medication;

compliance

in

whether

Plaintiff’s

and

re-evaluate

(3)

conformity

with

the

requirements of Social Security Ruling 82-59.
SO ORDERED.
Dated:

December 3, 2013 s/S. Arthur Spiegel________________
S. Arthur Spiegel
United States Senior District Judge

2