Colbert v. Commissioner of Social Security et al

Filing 19

ORDER ADOPTING the REPORT AND RECOMMENDATION 18 in that this matter be REMANDED to the Administrative Law Judge for further proceedings. Signed by Judge Gregory L Frost on 7/9/09. (sem1, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION PATRICIA A. COLBERT, Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant : : : : : Civil Action 2:08-cv-631 Judge Frost Magistrate Judge Abel

OPINION AND ORDER

On June 16, 2009, the Magistrate Judge issued a report and recommendation that the decision of the Administrative Law Judge was not based on substantial evidence and this matter should be remanded for further proceedings. Objections to this report and recommendation were due by July 6, 2009. No objections to the report and recommendation have been filed. On de novo review as required by 28 U.S.C. §636(b), this Court finds the report and recommendation well taken. Accordingly, it (Doc. # 18) is ADOPTED. It is hereby ORDERED that this matter be remanded to the Administrative Law Judge for further proceedings. These proceedings shall include an evaluation of Plaintiff's application for benefits based upon Plaintiff's stated onset date of August 1, 2003. 1

Furthermore, the administrative law judge should obtain a consultative examination of Plaintiff pursuant to 20 C.F.R. §404.1512(f) to determine the nature and effect of a psychological basis for Plaintiff's gastro-intestinal illness.

s/Gregory L. Frost United States District Judge

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