Hysell v. Commissioner of Social Security

Filing 21

ORDER adopting Report and Recommendations re 20 Report and Recommendations.. Signed by Judge James L. Graham on 12/28/2015. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Jaime M. Hysell,
Plaintiff,
v.

Case No. 2:14-cv-1248

Commissioner of
Social Security,
Defendant.
ORDER
This matter is before the court for consideration of the
December 3, 2015, report and recommendation of the United States
magistrate judge to whom this case was referred pursuant to 28
U.S.C. §636(b). The magistrate judge rejected plaintiff’s argument
that the administrative law judge (“ALJ”) erred in her analysis of
plaintiff’s psychological impairment under §12.04 of the Listing of
Impairments.

However, the magistrate judge found that the ALJ did

not adequately explain her reasons for rejecting the opinion of
plaintiff’s treating physician, Dr. Richardson; did not adequately
address how plaintiff’s obesity and knee surgery impacted her
ability to physically perform work tasks; and did not sufficiently
discuss her reasons for crediting the opinions of the state agency
reviewers over that of Dr. Richardson regarding the impact of
plaintiff’s pseudotumor cerebri and headaches on her ability to
work.

The magistrate judge further concluded that the ALJ did not

properly evaluate plaintiff’s credibility.

The magistrate judge

recommended that the plaintiff’s statement of errors be sustained
to the extent that the case be remanded to the Commissioner for
further administrative proceedings so that the ALJ could address
the above matters on remand, perform a new credibility evaluation,

and formulate a new hypothetical question for the vocational
expert.
The report and recommendation specifically advised the parties
that failure to object to the report and recommendation within
fourteen days of the report “will result in a waiver of the right
to have the district judge review the Report and Recommendation de
novo, and also operates as a waiver of the right to appeal the
decision

of

the

Recommendation.”

District

Court

Doc. 17, p. 16.

adopting

the

Report

and

The time period for filing

objections to the report and recommendation has expired, and no
party has objected to the report and recommendation.
The

court

adopts

the

magistrate judge (Doc. 20).

report

and

recommendation

of

the

The decision of the Commissioner is

vacated, and this case is remanded to the Commissioner pursuant to
sentence four of 42 U.S.C. §405(g) for further administrative
proceedings.

The clerk is directed to enter judgment remanding

this case to the Commissioner.

Date: December 28, 2015

s/James L. Graham
James L. Graham
United States District Judge

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