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Jester v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
Apr 2, 2014
Case No. 2:13-CV-00376 (S.D. Ohio Apr. 2, 2014)

Opinion

Case No. 2:13-CV-00376

04-02-2014

VALERIE SUE JESTER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


JUDGE ALGENON L. MARBLEY


Magistrate Judge Abel


OPINION & ORDER

This Matter is before the Court on the Report and Recommendation of the United States Magistrate Judge. (Doc. 19). Plaintiff Valerie Sue Jester challenges the decision of the Commissioner denying benefits, on the grounds that the administrative law judge ("ALJ") failed to give proper deference to the opinion of Plaintiff's treating physician, Dr. Robert Fierman, and improperly evaluated Plaintiff's credibility. (Statement of Specific Errors, Doc. 8 at 11-21).

On February 10, 2014, the Magistrate Judge recommended that this case be remanded to allow the ALJ to consider the opinion of Dr. Fierman. (Doc. 19 at 33). The parties were specifically advised of their right to object, and of the consequences of their failure to do so. (Id. at 33-34). No objection has been filed. Since neither party has objected, and the deadline for such objections elapsed on February 24, 2014, this Court ADOPTS the Magistrate Judge's Report and Recommendation. The decision of the Commissioner is hereby REVERSED. This action is REMANDED to the Commissioner for reconsideration in accordance with this Order.

IT IS SO ORDERED.

________

ALGENON L. MARBLEY

UNITED STATES DISTRICT JUDGE


Summaries of

Jester v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
Apr 2, 2014
Case No. 2:13-CV-00376 (S.D. Ohio Apr. 2, 2014)
Case details for

Jester v. Comm'r of Soc. Sec.

Case Details

Full title:VALERIE SUE JESTER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Apr 2, 2014

Citations

Case No. 2:13-CV-00376 (S.D. Ohio Apr. 2, 2014)