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)

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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 of

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