Kearns v. Commissioner of Social Security Administration, No. 3:2019cv01243 - Document 15 (N.D. Ohio 2020)

Court Description: Memorandum Opinion and Order: I adopt the Report and Recommendation of Magistrate Judge Jonathan D. Greenberg in its entirety as the Order of the Court. (Doc. No. 13). The Commissioner's final decision must be vacated and remanded. re 13 . Judge Jeffrey J. Helmick on 6/1/2020. (S,AL)

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Kearns v. Commissioner of Social Security Administration Doc. 15 Case: 3:19-cv-01243-JJH Doc #: 15 Filed: 06/01/20 1 of 2. PageID #: 1449 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Paul R. Kearns, Case No. 3:19-cv-1243 Plaintiff v. MEMORANDUM OPINION AND ORDER Commissioner of Social Security, Defendant Before me is the Report and Recommendation (“R & R”) of Magistrate Judge Jonathan D. Greenberg filed on February 3, 2020. (Doc. No. 13). 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 window for objections has elapsed, and no objections have been filed. The Commissioner has indicated he will not be filing objections. (Doc. No. 14). After reviewing Judge Greenberg’s R & R, I hereby adopt it in its entirety as the Order of the Court. In assessing Plaintiff’s Residual Functional Capacity (“RFC”), the ALJ failed to properly address certain limitations opined by state agency reviewing psychologist Dr. Matyi and state agency reviewing psychiatrist Dr. Finnerty. Therefore, the Commissioner’s final decision must be vacated and remanded. Although I agree that the ALJ did properly evaluate the opinion of Dr. Wagner in Dockets.Justia.com Case: 3:19-cv-01243-JJH Doc #: 15 Filed: 06/01/20 2 of 2. PageID #: 1450 his decision, the ALJ must reassess that opinion when evaluating the mental RFC to give proper consideration of the state agency reviewing professionals as well on remand. So Ordered. s/ Jeffrey J. Helmick United States District Judge 2

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