Mowbray v. Commissioner of Social Security

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION 21 - Remanding this action to the Commissioner. Signed by Judge John D. Holschuh on 2/17/09. (sln )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ROBBIE MOWBRAY, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ORDER On January 26, 2009, the United States Magistrate Judge issued a Report and Recommendation recommending that the decision of the Plaintiff, Civil Action 2:07-CV-1245 Judge Holschuh Magistrate Judge King Commissioner be reversed and this action be remanded to the Commissioner for further consideration of Dr. Mysiw's January 2006 opinion. The parties were specifically advised of their right to object to the Report and Recommendation and of the consequences of their failure to do so. There has nevertheless been no objection to the Report and Recommendation . The Report and Recommendation is hereby ADOPTED and AFFIRMED. The decision of the Commissioner is REVERSED pursuant to Sentence 4 of 42 U.S.C. 405(g) and this matter is hereby REMANDED for reconsideration Dr. Mysiw's January 2006 opinion. The Clerk shall enter FINAL JUDGMENT in this case. Date: February 17, 2009 /s/ John D. Holschuh John D. Holschuh, Judge United States District Court

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