Riley v. Commissioner of Social Security

Filing 11

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 - The Commissioner's non-disability finding is REVERSED as unsupported by substantial evidence; this matter is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. Section 405(g) for proceedings consistent with this opinion; and this case is TERMINATED on the docket of this Court. Signed by Judge Thomas M. Rose on 2-20-2018. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
AMY RILEY,

:
Case No. 3:17-cv-46
:
Plaintiff,
:
Judge Thomas M. Rose
:
v.
:
:
COMMISSIONER OF SOCIAL SECURITY, :
:
Defendant.
:
______________________________________________________________________________
ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 10), ADOPTING
REPORT AND RECOMMENDATIONS (DOC. 9), REMANDING THIS
MATTER TO THE COMMISSIONER FOR FURTHER PROCEEDINGS,
AND TERMINATING CASE
______________________________________________________________________________
This social security disability benefits appeal is before the Court on the
Objections

(Doc.

10)

filed

by

Defendant

Commissioner

of

Social

Security

(“Commissioner”) to the Magistrate Judge’s Report and Recommendations (“Report”)
(Doc. 9).

Magistrate Judge Michael Newman determined that the ALJ erred in

weighing of the medical opinion evidence and, on that ground, recommended that the
Court reverse the ALJ’s non-disability finding and remand this matter to the
Commissioner for further proceedings.

(Doc. 9 at 8.)

The Commissioner filed

Objections (Doc. 10) to the Report; Plaintiff Amy Riley did not.
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the
Court has made a de novo review of the record in this case. Upon said review, the Court
finds that the Commissioner’s Objections (Doc. 10) to the Report (Doc. 9) are not well-

taken and they are hereby OVERRULED. The Court ADOPTS the Report (Doc. 9) and
rules as follows:
1. The Commissioner’s non-disability finding is REVERSED as
unsupported by substantial evidence;
2. This matter is REMANDED to the Commissioner under the Fourth
Sentence of 42 U.S.C. § 405(g) for proceedings consistent with this
opinion; and
3. This case is TERMINATED on the docket of this Court.
DONE and ORDERED in Dayton, Ohio, this Tuesday, February 20, 2018.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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