Lovejoy v. Commissioner of Social Security, 5:15-cv-1487. (2016)
Court: District Court, N.D. Ohio
Number: infdco20160504e92
Visitors: 1
Filed: May 03, 2016
Latest Update: May 03, 2016
Summary: ORDER SARA LIOI , District Judge . On April 18, 2016, Magistrate Judge Thomas M. Parker issued a Report and Recommendation ("R&R") that the final decision of the Commissioner be vacated and remanded for further proceedings, pursuant to 42 U.S.C. 405(g), sentence four. (Doc. No. 15.) Defendant Commissioner of Social Security has advised the Court that there will be no objections to this recommendation. The Court has examined the R&R and agrees with its conclusion that the Administrative L
Summary: ORDER SARA LIOI , District Judge . On April 18, 2016, Magistrate Judge Thomas M. Parker issued a Report and Recommendation ("R&R") that the final decision of the Commissioner be vacated and remanded for further proceedings, pursuant to 42 U.S.C. 405(g), sentence four. (Doc. No. 15.) Defendant Commissioner of Social Security has advised the Court that there will be no objections to this recommendation. The Court has examined the R&R and agrees with its conclusion that the Administrative La..
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ORDER
SARA LIOI, District Judge.
On April 18, 2016, Magistrate Judge Thomas M. Parker issued a Report and Recommendation ("R&R") that the final decision of the Commissioner be vacated and remanded for further proceedings, pursuant to 42 U.S.C. § 405(g), sentence four. (Doc. No. 15.) Defendant Commissioner of Social Security has advised the Court that there will be no objections to this recommendation.
The Court has examined the R&R and agrees with its conclusion that the Administrative Law Judge's "failure to provide sufficiently specific good reasons for discounting [plaintiff's treating physician's] opinion as to the lifting limitations of Mr. Lovejoy is not `harmless error' in this case." (R&R at 579.)1 As a result, "meaningful review" is not possible. (Id.) Therefore, pursuant to Fed. R. Civ. P. 72(b)(3), the Court accepts the recommendation of the Magistrate Judge, and adopts the reasoning of the R&R.
Accordingly, the Commissioner's final decision denying plaintiff Johnny Lovejoy's claim for Disability Insurance Benefits and for Supplemental Security Income is VACATED and REMANDED for further proceedings.
IT IS SO ORDERED.
FootNotes
1. All page number references are to the page identification number generated by the Court's electronic docketing system.
Source: Leagle
