Summary
adopting Report and Recommendation, 2013 WL 80185, at *3 (S.D. Ohio Jan. 7, 2013)
Summary of this case from Coffman v. ColvinOpinion
Case Number: 1:11cv745
01-29-2013
Sheila Smith, Plaintiff(s), v. Commissioner of Social Security, Defendant(s).
Chief Judge Susan J. Dlott
ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman filed on January 7, 2013 (Doc. 20), 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 January 25, 2013, hereby ADOPTS said Report and Recommendation.
Accordingly, the decision of the Commissioner to deny plaintiff DIB benefits is REVERSED. This matter is hereby REMANDED under sentence four of 42 U.S.C. § 405(g).
On remand, the ALJ is to obtain testimony from a medical expert in order to reevaluate whether plaintiff's impairments meet or medically equal the requirements for Listing 1.04A and provide a clear rationale for each determination.
As no further matters remain pending for the Court's review, this case is CLOSED.
IT IS SO ORDERED.
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Chief Judge Susan J. Dlott
United States District Court