RAY v. COLVIN, 3:13CV1684. (2014)
Court: District Court, N.D. Ohio
Number: infdco20140903g00
Visitors: 15
Filed: Sep. 02, 2014
Latest Update: Sep. 02, 2014
Summary: ORDER JAMES G. CARR, Senior District Judge. This is a Social Security case in which the Commissioner denied plaintiff Phoenia L. Ray's application, which she submitted on behalf of her minor son, for supplemental security income. Pending is the Magistrate Judge's Report and Recommendation (R&R), which suggests I vacate the Commissioner's decision because the administrative law judge (ALJ): 1) misapplied the treating-physician rule; 2) provided an inadequate step-three analysis; and 3) failed
Summary: ORDER JAMES G. CARR, Senior District Judge. This is a Social Security case in which the Commissioner denied plaintiff Phoenia L. Ray's application, which she submitted on behalf of her minor son, for supplemental security income. Pending is the Magistrate Judge's Report and Recommendation (R&R), which suggests I vacate the Commissioner's decision because the administrative law judge (ALJ): 1) misapplied the treating-physician rule; 2) provided an inadequate step-three analysis; and 3) failed t..
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ORDER
JAMES G. CARR, Senior District Judge.
This is a Social Security case in which the Commissioner denied plaintiff Phoenia L. Ray's application, which she submitted on behalf of her minor son, for supplemental security income.
Pending is the Magistrate Judge's Report and Recommendation (R&R), which suggests I vacate the Commissioner's decision because the administrative law judge (ALJ): 1) misapplied the treating-physician rule; 2) provided an inadequate step-three analysis; and 3) failed to explain why she did not credit plaintiff's son's testimony regarding his functional ability and pain levels. (Doc. 22).
The Commissioner has indicated she does not object to the R&R.
After reviewing the R&R, I concur with the Magistrate Judge that the ALJ's decision cannot stand, and that a remand for further proceedings is required.
It is, therefore, ORDERED THAT:
1. The Magistrate Judge's R&R (Doc. 22) be, and the same hereby is adopted as the order of this Court; and
2. This case is remanded to the Social Security Administration for further proceedings consistent with this order.
So ordered.
Source: Leagle
