Queen v. Commissioner of Social Security

Filing 21

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
EASTERN DIVISION
Brandon H. Queen,
Plaintiff,
v.

Case No. 2:16-cv-1082

Commissioner of
Social Security,
Defendant.
ORDER
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
U.S.C.

§636(b).

The

magistrate

judge

concluded

that

the

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.

The magistrate

judge recommended that this case be remanded to the Commissioner
pursuant

to

42

U.S.C.§405(g),

sentence

four,

for

further

proceedings.
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.

The

time period for filing objections to the report and recommendation
has

expired,

and

recommendation.

no

party

has

objected

to

the

report

and

The

court

adopts

the

magistrate judge (Doc. 20).

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, including
additional consideration of Dr. Steiger’s opinion and plaintiff’s
RFC.

The clerk shall enter judgment remanding this case to the

Commissioner.

Date: January 9, 2018

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

2