Spencer v. Commissioner of Social Security
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
Dale L. Spencer,
Case No. 2:17-cv-218
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
The magistrate judge recommended that the case be
sentence four, for further proceedings.
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
plaintiff is capable of light work.
Doc. 15, pp. 7-8.
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.
magistrate judge recommended remanding this case based on these
unsupported by substantial evidence.
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
Doc. 15, p. 9.
The time period for filing
objections to the report and recommendation has expired, and no
party has objected to the report and recommendation.
magistrate judge (Doc. 15).
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
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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