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)
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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