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Mercer v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
Jan 15, 2014
Case No. 2:12-CV-0607 (S.D. Ohio Jan. 15, 2014)

Opinion

Case No. 2:12-CV-0607

01-15-2014

WILLIAM TILTON MERCER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


JUDGE ALGENON L. MARBLEY


Magistrate Judge Kemp


OPINION AND ORDER

On June 27, 2013, the United States Magistrate Judge issued a Report and Recommendation in this case (Doc. 15), recommending that this Court remand the decision of the Commissioner for further consideration of the opinions articulated by plaintiff's treating physicians, in accordance with 20 C.F.R. § 404.1527(c)(2). Specifically, the Administrative Law Judge ("ALJ") must set forth reasons for giving less than controlling weight to the opinion of a treating source. If the opinion of a treating source is not deemed controlling, the ALJ must weigh that opinion in light of other factors set forth in 20 C.F.R. § 404.1527 in order to determine the proper weight to give that opinion. The parties were advised of their right to object to the Report and Recommendation and of the consequences of their failure to do so. (Id. at 13-14). No objection has been filed.

Since neither party has objected, and deadline for such objections elapsed on July 11, 2013, this Court ADOPTS the Magistrate Judge's Report and Recommendation, and REMANDS to the Commissioner for reconsideration in accordance with this Order.

IT IS SO ORDERED.

__________

ALGENON L. MARBLEY

UNITED STATES DISTRICT JUDGE


Summaries of

Mercer v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
Jan 15, 2014
Case No. 2:12-CV-0607 (S.D. Ohio Jan. 15, 2014)
Case details for

Mercer v. Comm'r of Soc. Sec.

Case Details

Full title:WILLIAM TILTON MERCER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

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

Date published: Jan 15, 2014

Citations

Case No. 2:12-CV-0607 (S.D. Ohio Jan. 15, 2014)