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

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