Brower v. Commissioner of Social Security

Filing 18

DECISION AND ENTRY Adopting 17 the Report and Recommendation of the United States Magistrate Judge. Signed by Judge Timothy S. Black on 9/22/17. (gs) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION DUAYNE BROWER, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : Case No. 1:16-cv-582 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 17) This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on August 14, 2017, submitted a Report and Recommendation. (Doc. 17). No objections were filed. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendations should be and is hereby adopted in its entirety. Accordingly, IT IS ORDERED that the decision of the Commissioner regarding Plaintiff’s disability status be REVERSED AND REMANDED for further proceedings consistent with the Report and Recommendation (Doc. 17). 1 On remand, the Administrative Law Judge should (1) re-weigh the evidence as to all of Plaintiff’s severe impairments; (2) re-weigh the medical opinions of record; (3) reassess Plaintiff’s RFC and credibility, and (4) pose an appropriate hypothetical or hypotheticals to a vocational expert after properly assessing Plaintiff’s residual functional capacity. The Clerk shall enter Judgment accordingly, whereupon this case shall be TERMINATED in this Court. IT IS SO ORDERED. Date: 9/22/17 __________________________ Timothy S. Black United States District Judge 2

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