Spencer v. Commissioner of Social Security

Filing 16

ORDER adopting Report and Recommendations re 15 Report and Recommendations.. Signed by Judge James L. Graham on 11/17/2017. (ds)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Dale L. Spencer, Plaintiff, v. Case No. 2:17-cv-218 Commissioner of Social Security, Defendant. ORDER This matter is before the court for consideration of the October 31, 2017, report and recommendation of the United States magistrate judge to whom this case was referred pursuant to 28 U.S.C. §636(b). remanded to the The magistrate judge recommended that the case be Commissioner pursuant to sentence four, for further proceedings. 42 U.S.C. §405(g), The magistrate judge concluded that the administrative law judge’s acknowledgment of plaintiff’s right foot disorder of acquired hallux rigidus with lack of mobility as a severe impairment was internally inconsistent with the residual functional capacity plaintiff is capable of light work. (“RFC”) finding that Doc. 15, pp. 7-8. The magistrate judge further noted that the administrative law judge’s confusing discussion of plaintiff’s foot disorder was not clarified through reliance on the opinions of experts who did not consider that disorder in rendering their opinions. Doc. 15, p. 8. The magistrate judge recommended remanding this case based on these internal inconsistencies which rendered unsupported by substantial evidence. the RFC decision Doc. 15, p. 8. 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. 15, p. 9. 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. 15). report and recommendation of the The decision of the Commissioner is reversed, and this case is remanded to the Commissioner pursuant to §405(g), sentence four, for further proceedings and a new decision. The court makes no ruling on the ultimate issue of disability. The clerk shall enter judgment vacating the decision of the Commissioner and remanding this case pursuant to 42 U.S.C. §405(g), sentence four for further proceedings. Date: November 17, 2017 s/James L. Graham James L. Graham United States District Judge 2

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