Dudley v. Commissioner of Social Security Administration
ORDER adopting Report and Recommendations re 24 Report and Recommendations.. Signed by Judge James L. Graham on 6/20/2017. (ds)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
Barbara J. Dudley,
Case No. 2:16-cv-682
This matter is before the court for consideration of the June
1, 2017, 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 concluded that the administrative law judge
erred by not assigning any restrictions at all to plaintiff’s
diagnosed mental conditions which, based on record evidence, are
Doc. 24, p. 10.
The magistrate judge recommended that
U.S.C.§405(g), sentence four, for further evaluation of plaintiff’s
diagnosed mental impairments.
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
Doc. 24, p. 11.
The time period for filing
objections to the report and recommendation has expired, and no
party has objected to the report and recommendation.
magistrate judge (Doc. 24).
The decision of the Commissioner is
reversed, and this case is remanded to the Commissioner under §405,
sentence four, for further administrative proceedings consisting of
impairments, as discussed in the report and recommendation.
clerk shall enter judgment remanding this case to the Commissioner.
Date: June 20, 2017
s/James L. Graham
James L. Graham
United States District Judge
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