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Ervin v. Commissioner of Social Security

United States District Court, S.D. Ohio, Western Division
Aug 10, 2010
Case No. 1:09cv591 (S.D. Ohio Aug. 10, 2010)

Opinion

Case No. 1:09cv591.

August 10, 2010


ORDER


This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on July 6, 2010 (Doc. 13).

Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.

Having reviewed this matter de novo pursuant to 28 U.S.C. 636, this Court finds the Magistrate Judge's Report and Recommendation to be correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. The decision by the Commissioner is REVERSED and REMANDED under sentence four of 42 U.S.C. § 405(g) consistent with the opinion by the Magistrate Judge which includes properly weighing the medical evidence and giving specific reasons for the weight given to Dr. Trinidad's medical opinion as required by 20 C.F.R. § 404.1527(d)(2)-(6); and considering all relevant limitations concerning plaintiff's left arm restrictions in his RFC.

IT IS SO ORDERED.


Summaries of

Ervin v. Commissioner of Social Security

United States District Court, S.D. Ohio, Western Division
Aug 10, 2010
Case No. 1:09cv591 (S.D. Ohio Aug. 10, 2010)
Case details for

Ervin v. Commissioner of Social Security

Case Details

Full title:Mike Ervin, Plaintiff, v. Commissioner of Social Security, Defendant

Court:United States District Court, S.D. Ohio, Western Division

Date published: Aug 10, 2010

Citations

Case No. 1:09cv591 (S.D. Ohio Aug. 10, 2010)