Jester v. Commissioner of Social Security

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS, REVERSING the Decision of the Commissioner, REMANDING this action to the Commissioner for reconsideration in accordance with this Order. Signed by Judge Algenon L. Marbley on 4/2/2014. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
VALERIE SUE JESTER,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Case No. 2:13-CV-00376
JUDGE ALGENON L. MARBLEY
Magistrate Judge Abel

OPINION & ORDER
This Matter is before the Court on the Report and Recommendation of the United
States Magistrate Judge. (Doc. 19). Plaintiff Valerie Sue Jester challenges the decision of the
Commissioner denying benefits, on the grounds that the administrative law judge (“ALJ”) failed
to give proper deference to the opinion of Plaintiff’s treating physician, Dr. Robert Fierman, and
improperly evaluated Plaintiff’s credibility. (Statement of Specific Errors, Doc. 8 at 11-21).
On February 10, 2014, the Magistrate Judge recommended that this case be remanded to
allow the ALJ to consider the opinion of Dr. Fierman. (Doc. 19 at 33). The parties were
specifically advised of their right to object, and of the consequences of their failure to do so. (Id.
at 33-34). No objection has been filed. Since neither party has objected, and the deadline for
such objections elapsed on February 24, 2014, this Court ADOPTS the Magistrate Judge’s
Report and Recommendation. The decision of the Commissioner is hereby REVERSED. This
action is REMANDED to the Commissioner for reconsideration in accordance with this Order.
IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: April 2, 2014