Opinion
Case No. 3:17-cv-2620
03-26-2019
Sonya Sue Wood, Plaintiff v. Commissioner of Social Security, Defendant
MEMORANDUM OPINION
Before me is the Report and Recommendation of Magistrate Judge Jonathan D. Greenberg filed on November 9, 2018, in the above-entitled action. (Doc. No. 15). Under the relevant statute:
Within [fourteen (14)] days after being served a copy of these proposed Findings and Recommendation, any party who wishes to object must file and serve written objections or further appeal is waived.United States v. Campbell, 261 F.3d 628, 631-32 (6th Cir. 2001) (citation omitted); see also 28 U.S.C. § 636(b)(1) (effective Dec. 1, 2009); Fed. R. Civ. P. 72(b)(2). In this case, the fourteen-day period has elapsed, and the Commissioner indicates she will not be filing objections. (Doc. No. 16).
Following review of Judge Greenberg's Report and Recommendation, I adopt it in its entirety as the Order of the Court. I agree that the Administrative Law Judge failed to apply the proper legal standards when analyzing Plaintiff's fibromyalgia, which was not a harmless error. Relatedly, I agree that, in failing to recognize Plaintiff's fibromyalgia, the ALJ failed to properly apply the treating physician rule. For these reasons, the Commissioner's decision is vacated, and the matter is remanded for further proceedings consistent with Judge Greenberg's R & R.
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge