Smith v. Commissioner of Social Security

Filing 17

ORDER adopting and affirming 16 the Report and Recommendation. Signed by Judge Michael H. Watson on 8/24/12. (jk1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION AVIS LEE SMITH, Plaintiff, Case No. 2:11-cv-769 vs. Judge Michael H. Watson Magistrate Judge King COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER On July 25, 2012, the United States Magistrate Judge recommended that the decision of the Commissioner be reversed and that the action be remanded to the Commissioner of Social Security for further consideration of the evidence relating to plaintiff's claimed mental impairments. Report and Recommendation, Doc. No. 16. Although the parties were advised of their right to object to the recommendation and of the consequences of their failure to do so, there has nevertheless been no objection. The Report and Recommendation, Doc. No. 16, is ADOPTED AND AFFIRMED. The decision of the Commissioner is REVERSED and the action is REMANDED to the Commissioner of Social Security, pursuant to Sentence 4 of 42 U.S.C. § 405(g), for further consideration of the evidence relating to plaintiff's claimed mental impairments. The Clerk is DIRECTED to enter FINAL JUDGMENT pursuant to Sentence 4 of 42 U.S.C. § 405(g). ichael H. Wason, Judge United States District Court

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