Talbert v. Commissioner of Social Security

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS: The Court finds the Administrative Law Judges disability determination is not supported by substantial evidence because the ALJ premised his Step Five finding on erroneous and equivocal Vocational Experts testimony. Therefore, the decision of the Commissioner is REVERSED and REMANDED for further proceedings.. Signed by Judge Susan J. Dlott on 7/15/2016. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Andrew Talbert,
Plaintiff(s),
vs.
Commissioner of Social Security,
Defendant(s).

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Case Number: 1:15cv468
Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate
Judge Karen L. Litkovitz filed on June 15, 2016(Doc. 17), 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 July 5, 2016, hereby ADOPTS
said Report and Recommendation.
Accordingly, the Court finds the Administrative Law Judge’s disability determination is
not supported by substantial evidence because the ALJ premised his Step Five finding on
erroneous and equivocal Vocational Expert’s testimony. Therefore, the decision of the
Commissioner is REVERSED and REMANDED for further proceedings.
IT IS SO ORDERED.

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