Gibson v. Commissioner of Social Security
ORDER adopting Report and Recommendations re 13 Report and Recommendations.. Signed by Judge James L. Graham on 1//6/21. (ds)
Case: 2:19-cv-05001-JLG-EPD Doc #: 14 Filed: 01/06/21 Page: 1 of 2 PAGEID #: 1498
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
Christian Gerard Gibson,
Case No. 2:19-cv-5001
This matter is before the court for consideration of the
December 16, 2020, report and recommendation of the United States
magistrate judge to whom this case was referred pursuant to 28
administrative law judge erred in his consideration of the opinion
of Dr. Trevor A. Davy, D.P.M, plaintiff’s treating physician, and
failed to give good reasons for giving Dr. Davy’s opinion only
The magistrate judge recommended that plaintiff’s
first assignment of error be sustained, that the decision of the
Commissioner be reversed, and that the case be remanded 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 a waiver of the right to
appeal the judgment of the district court.
Doc. 13, p. 28.
time period for filing objections to the report and recommendation
Case: 2:19-cv-05001-JLG-EPD Doc #: 14 Filed: 01/06/21 Page: 2 of 2 PAGEID #: 1499
The court agrees with the report and recommendation of the
magistrate judge (Doc. 13) and it is hereby adopted.
first assignment of error is sustained.
The decision of the
Commissioner under 42 U.S.C. §405(g), sentence four, for further
proceedings consistent with the report and recommendation.
Commissioner and remanding this case.
Date: January 6, 2021
s/James L. Graham
James L. Graham
United States District Judge
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