Bagley v. Commissioner of Social Security

Filing 21

ORDER adopting 20 Report and Recommendations.. Signed by Judge Gregory L. Frost on 1/5/15. (kn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

DAVID E. BAGLEY,
Plaintiff,
Case No. 2:14-cv-346
JUDGE GREGORY L. FROST
Magistrate Judge Norah McCann King

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER
This matter is before the Court for consideration of the Magistrate Judge’s December 8,
2014 Report and Recommendation. (ECF No. 20.) In that filing, the Magistrate Judge
recommended that the Court sustain Plaintiff’s statement of errors to the extent that the case
would be remanded to the Commissioner for further consideration of the inconsistent opinions of
Dr. Alex Simpson pursuant to Sentence Four of 42 U.S.C. § 405(g). The Report and
Recommendation specifically advised the parties that a failure to object to the Report and
Recommendation within fourteen days would “result in a waiver of the right to de novo review
by the District Judge and of the right to appeal the decision of the District Court adopting the
Report and Recommendation.” (ECF No. 20, at Page ID # 788.)
The Court has reviewed the Report and Recommendation. Noting that no objections
have been filed, that the time for filing objections has expired, and that the Magistrate Judge’s
reasoning is correct, the Court ADOPTS the Report and Recommendation, REVERSES the
Commissioner’s decision, and REMANDS the case pursuant to Sentence Four of 42 U.S.C. §
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405(g) for further consideration of Dr. Simpson’s opinions. The Clerk shall enter judgment
accordingly and terminate this case on the docket records of the United States District Court for
the Southern District of Ohio, Eastern Division.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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