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SHOPE v. COMMISSIONER OF SOCIAL SECURITY, 2:14-cv-2055. (2015)

Court: District Court, S.D. Ohio Number: infdco20151021b04 Visitors: 17
Filed: Oct. 20, 2015
Latest Update: Oct. 20, 2015
Summary: ORDER GEORGE C. SMITH , District Judge . On June 19, 2015, the United States Magistrate Judge issued a Report and Recommendation recommending that decision of the Commissioner of Social Security be affirmed and that this action be dismissed. ( See Report and Recommendation, Doc. 12). This matter is now before the Court on Plaintiff's Objections to the Magistrate Judge's Report and Recommendation. (Doc. 13). The Court will consider the matter de novo. See 28 U.S.C. 636(b)(1); Fed.
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ORDER

On June 19, 2015, the United States Magistrate Judge issued a Report and Recommendation recommending that decision of the Commissioner of Social Security be affirmed and that this action be dismissed. (See Report and Recommendation, Doc. 12). This matter is now before the Court on Plaintiff's Objections to the Magistrate Judge's Report and Recommendation. (Doc. 13). The Court will consider the matter de novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).

Plaintiff's objections basically restate the arguments he already made in his Statement of Specific Errors. Plaintiff's final objection is to the Magistrate Judge's conclusion that "ALJ Keller's failure to call a medical expert as directed by the Appeals Council is not reversible error." (Pl.'s Objs. at 3, Doc. 13). Plaintiff points out that the Magistrate Judge acknowledged that there are differing opinions on this issue, not only between circuits, but also among courts within the Sixth Circuit. Plaintiff urges the Court to adopt the findings of the cases cited by the Magistrate Judge on page 16 of the Report and Recommendation. However, the Court agrees with the Magistrate Judge's application of the law on this issue. Therefore, this objection and the other objections raised by Plaintiff were thoroughly considered and overruled in the Report and Recommendation. The Court has therefore carefully considered Plaintiff's objections, and for the reasons stated in the Report and Recommendation, this Court finds that the objections are without merit.

Accordingly, the Report and Recommendation, Document 12, is ADOPTED and AFFIRMED. Defendant's Objections are hereby OVERRULED. Plaintiff's Statement of Errors are hereby OVERRULED, the decision of the Commissioner of Social Security is AFFIRMED and this case is DISMISSED.

The Clerk shall remove Documents 12 and 13 from the Court's pending motions list, and enter final judgment in favor of Defendant, the Commissioner of Social Security.

IT IS SO ORDERED.

Source:  Leagle

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