Shuler v. Social Security Administration

Filing 19

OPINION AND ORDER by Chief Judge Claire V Eagan ; remanding case (terminates case) ; accepting 18 Report and Recommendation (Re: 2 Social Security Complaint ) (RGG, Chambers)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
KENNETH A. SHULER,

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Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

Case No. 10-CV-0667-CVE-PJC

ORDER
On September 14, 2011, Magistrate Judge Paul J. Cleary entered a Report and
Recommendation (Dkt. # 18) concerning the denial of Social Security disability benefits to plaintiff
Kenneth A. Shuler. The magistrate judge recommended that the decision of the Commissioner of
the Social Security Administration be reversed and remanded, because the administrative law judge
did not provide a legally sufficient reason for disregarding the opinion evidence of Shuler’s treating
physician. Dkt. # 18, at 14. The parties’ deadline to file an objection to the report and
recommendation was September 28, 2011. To date, no objections have been filed, and the time to
object has expired. The Court has also independently reviewed the Report and Recommendation
and sees no reason to modify or reject it.
IT IS THEREFORE ORDERED that Report and Recommendation (Dkt. # 18) is accepted
as entered, and the decision of the Commissioner of the Social Security Administration is reversed
and remanded. A separate judgment is entered herewith.
DATED this 29th day of September, 2011.