Summary
recognizing that plaintiff had an "ongoing treatment relationship" with a doctor who practiced at the clinic plaintiff visited regularly for therapy sessions and additional examinations with the same doctor
Summary of this case from Cipolla v. ColvinOpinion
Case Number: 1:11cv657
12-31-2012
Jeromy Lee Fry, Plaintiff(s), v. Commissioner of Social Security, Defendant(s).
Chief Judge Susan J. Dlott
ORDER
This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on November 16, 2012 a Report and Recommendation (Doc. 10). Subsequently, the defendant filed objections to such Report and Recommendation (Doc. 11).
The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendation should be adopted.
Accordingly, the decision of the Commissioner to deny Plaintiff DIB benefits is REVERSED and this matter is REMANDED under sentence four of 42 U.S.C. § 405(g).
On remand, the ALJ is instructed to:
1. properly assess and evaluate the opinion evidence, and provide a clear explanation for the conclusions reached;This case is TERMINATED from the docket.
2. Reevaluate whether plaintiff's impairments meet or equal listing 12.06
3. Properly consider plaintiff's credibility in accordance with agency regulations.
IT IS SO ORDERED.
____________________
Chief Judge Susan J. Dlott
United States District Court