Penin v. Commissioner of Social Security

Filing 21

ORDER ADOPTING 19 Report and Recommendation. The decision of the Acting Commissioner of the Social Security Administration denying benefits is REVERSED, and this matter is REMANDED for further proceedings consistent with the Report and Recommendation of the magistrate judge. Signed by Honorable Stephen P. Friot on 6/5/2017. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LESLIE ANNE PENIN,
Plaintiff,
-vsNANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Case No. CIV-16-0937-F

ORDER
Plaintiff Leslie Anne Penin brings this action seeking judicial review of the
Social Security Administration’s denial of disability insurance benefits (DIB). The
Report and Recommendation of Magistrate Judge Bernard M. Jones (the Report,
doc. no. 19), recommends that the Commissioner’s decision be reversed and that the
matter be remanded for further proceedings consistent with the Report.
The Commissioner objects (doc. no. 20) to the Report, arguing that the
magistrate judge’s findings and recommendations constitute an impermissible
reweighing of the evidence, and that there is substantial evidence of record to support
the Commissioner’s decision that the plaintiff did not meet the disability
requirements of the Social Security Act. The Commissioner argues that the decision
denying benefits should be affirmed.
All objections have been reviewed de novo. Having carefully considered the
Commissioner’s objections, the court concludes that the magistrate judge’s findings
and recommendations do not constitute an impermissible reweighing of the evidence
which was before the administrative law judge. As found by the Report, the

administrative law judge’s failure to explain or identify claimed inconsistencies in
the record upon which his decision was based, his failure to weigh medical opinion
evidence, and his failure to discuss significantly probative evidence along with his
reasons for rejecting the same, require a remand. In light of the magistrate judge’s
detailed Report, no purpose would be served by setting out any additional analysis
here.
The Report and Recommendation of Magistrate Judge Jones is ACCEPTED,
ADOPTED and AFFIRMED. The decision of the Acting Commissioner of the
Social Security Administration denying benefits is REVERSED, and this matter is
REMANDED for further proceedings consistent with the Report and
Recommendation of the magistrate judge.
IT IS SO ORDERED this 5th day of June, 2017.

16-0937p002.docx

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