Queen v. Commissioner of Social Security
ORDER ADOPTING the REPORT AND RECOMMENDATION 20 in that the decision of the Commissioner is reversed, and this case is remanded to the Commissioner under §405, sentence four, for further administrative proceedings, includingadditional consideration of Dr. Steigers opinion and plaintiffsRFC. Signed by Judge James L. Graham on 1/9/18. (sem)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
Brandon H. Queen,
Case No. 2:16-cv-1082
This matter is before the court for consideration of the
December 21, 2017, report and recommendation of the United States
magistrate judge to whom this case was referred pursuant to 28
administrative law judge erred by failing, without explanation, to
include at least one limitation identified by Dr. Steiger in
plaintiff’s residual functional capacity (“RFC”) after giving great
weight to Dr. Steiger’s opinion.
Doc. 20, p. 17.
judge recommended that this case be remanded to the Commissioner
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 de novo review by the District Judge and waiver of the right to
appeal the judgment of the District Court.”
Doc. 20, p. 18.
time period for filing objections to the report and recommendation
magistrate judge (Doc. 20).
The decision of the Commissioner is
reversed, and this case is remanded to the Commissioner under §405,
sentence four, for further administrative proceedings, including
additional consideration of Dr. Steiger’s opinion and plaintiff’s
The clerk shall enter judgment remanding this case to the
Date: January 9, 2018
s/James L. Graham
James L. Graham
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?