Dudley v. Commissioner of Social Security Administration

Filing 25

ORDER adopting Report and Recommendations re 24 Report and Recommendations.. Signed by Judge James L. Graham on 6/20/2017. (ds)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Barbara J. Dudley, Plaintiff, v. Case No. 2:16-cv-682 Commissioner of Social Security, Defendant. ORDER 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 severe. this Doc. 24, p. 10. case be remanded The magistrate judge recommended that to the Commissioner pursuant to 42 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 decision of the Recommendation.” District Court Doc. 24, p. 11. 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. 24). report and recommendation of the 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 an additional evaluation of plaintiff’s diagnosed mental impairments, as discussed in the report and recommendation. The 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 2

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