Gibson v. Commissioner of Social Security

Filing 14

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
EASTERN DIVISION
Christian Gerard Gibson,
Plaintiff,
v.

Case No. 2:19-cv-5001

Commissioner of
Social Security,
Defendant.
ORDER
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
U.S.C.

§636(b).

The

magistrate

judge

concluded

that

the

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
partial weight.

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.

The

time period for filing objections to the report and recommendation
has

expired,

and

recommendation.

no

party

has

objected

to

the

report

and

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.

Plaintiff’s

first assignment of error is sustained.

The decision of the

Commissioner

is

is

reversed,

and

this

case

remanded

to

the

Commissioner under 42 U.S.C. §405(g), sentence four, for further
proceedings consistent with the report and recommendation.

The

clerk

the

shall

enter

judgment

reversing

the

decision

Commissioner and remanding this case.

Date: January 6, 2021

s/James L. Graham
James L. Graham
United States District Judge

2

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