From Casetext: Smarter Legal Research

Jamison v. Commissioner of Social Security

United States District Court, S.D. Ohio, Western Division
Jul 18, 2008
Case Number: 1:07cv152 (S.D. Ohio Jul. 18, 2008)
Download
PDF
Check
Treatment

Summary

finding reversible error where the ALJ did not find a certain impairment to be severe and later failed to address the same impairment in developing the RFC

Summary of this case from Gelbart v. Comm'r of Soc. Sec.
See 5 Summaries

Opinion

Case Number: 1:07cv152.

July 18, 2008

ORDER

SUSAN DLOTT, District Judge

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Hogan filed on June 13, 2008 (Doc. 10), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired July 3, 2008, hereby ADOPTS said Report and Recommendation.

Accordingly, the decision of the Commissioner is REVERSED and REMANDED for further proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g).

IT IS SO ORDERED.

Summaries of

Jamison v. Commissioner of Social Security

United States District Court, S.D. Ohio, Western Division
Jul 18, 2008
Case Number: 1:07cv152 (S.D. Ohio Jul. 18, 2008)

finding reversible error where the ALJ did not find a certain impairment to be severe and later failed to address the same impairment in developing the RFC

Summary of this case from Gelbart v. Comm'r of Soc. Sec.

finding that it is not harmless error when ALJ failed to consider an impairment in determining claimant's RFC.

Summary of this case from Al Ghawalb v. Comm'r of Soc. Sec.

referencing Maziarz v. Sec'y, 837 F.2d 240, 244 (6th Cir.1987)

Summary of this case from Rannells v. Saul

distinguishing Maziarz, reversing, and remanding because there was no evidence that the ALJ considered the plaintiff's cardiac impairment, which was not identified as "severe," at other steps of the sequential evaluation process

Summary of this case from Steslicki v. Comm'r of Soc. Sec.

distinguishing Maziarz, reversing, and remanding because there was no evidence that the ALJ considered the plaintiff's cardiac impairment, which was not identified as "severe" at the second step, at other steps of the sequential evaluation process

Summary of this case from Stephens v. Astrue
Case details for

Jamison v. Commissioner of Social Security

Case Details

Full title:ERNEST R. JAMISON, Plaintiff(s), v. COMMISSIONER OF SOCIAL SECURITY…

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

Date published: Jul 18, 2008

Citations

Case Number: 1:07cv152 (S.D. Ohio Jul. 18, 2008)

Citing Cases

Rannells v. Saul

The ALJ's error of not labelling Plaintiff's cardiac impairment as "severe" at Step 2 of the sequential…

Owen v. Kijakazi

Nevertheless, not labeling an impairment as “severe” at Step 2 is considered harmless error if the ALJ's…

34 Citing Cases