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Gonzales v. Berryhill, CIV-17-0763-F. (2018)

Court: District Court, W.D. Oklahoma Number: infdco20180604b05 Visitors: 29
Filed: Jun. 01, 2018
Latest Update: Jun. 01, 2018
Summary: ORDER STEPHEN P. FRIOT , District Judge . Plaintiff Rudy Gonzales brings this action seeking judicial review of the Social Security Administration's denial of disability insurance benefits (DIB). Magistrate Judge Bernard M. Jones issued a Report and Recommendation on March 30, 2018. Doc. no. 23 (the Report). The Report recommends that the Commissioner's decision denying disability insurance benefits be reversed and remanded for further proceedings. The Report reached that conclusion based
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ORDER

Plaintiff Rudy Gonzales brings this action seeking judicial review of the Social Security Administration's denial of disability insurance benefits (DIB).

Magistrate Judge Bernard M. Jones issued a Report and Recommendation on March 30, 2018. Doc. no. 23 (the Report). The Report recommends that the Commissioner's decision denying disability insurance benefits be reversed and remanded for further proceedings. The Report reached that conclusion based primarily on the administrative law judge's deficient handling of the opinion of Dr. M. Stephen Wilson, M.D., a treating physician. The Commissioner objected to the Report. Doc. no. 24. Among other things, the Commissioner argued that even if the administrative law judge should have been more articulate with respect to Dr. Wilson's opinion as to specific functional capabilities, plaintiff failed to meet his burden to show reversible error. Doc. no. 24, p. 4.

Upon review of the Report, the record, and the relevant arguments and authorities, and having considered all objected to issues de novo, the court agrees with the findings and recommendations in the Report. The court further finds that in light of the detailed analysis set forth in the Report, with which the court agrees, no purpose would be served by more discussion here.

Accordingly, after de novo consideration, the Commissioner's objections to the Report are DENIED, and the Report is ACCEPTED, AFFIRMED and ADOPTED. As recommended in the Report, the Commissioner's decision denying disability insurance benefits is REVERSED and REMANDED for further proceedings.

IT IS SO ORDERED.

Source:  Leagle

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