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.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
DUAYNE BROWER,
Plaintiff,
vs.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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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).

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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

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Timothy S. Black
United States District Judge

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