Siemer v. Commissioner of Social Security, No. 3:2020cv01419 - Document 21 (N.D. Ohio 2021)
Court Description: Memorandum Opinion and Order: I adopt it in its entirety as the Order of the Court. Because the ALJ failed to apply the proper legal standards in evaluating the opinion of Plaintiff's treating physician, the Commissioner's decision must be reversed and remanded. I agree with Judge Baughman's recommendation that, on remand, the ALJ shall not only remedy the error with respect to the treating physician opinion, but also reconsider the state-agency sources to determine whether those opinions remain valid for a closed period prior to 2018. re 20 . Judge Jeffrey J. Helmick on 8/9/2021. (S,AL)
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Siemer v. Commissioner of Social Security Doc. 21 Case: 3:20-cv-01419-JJH Doc #: 21 Filed: 08/09/21 1 of 1. PageID #: 6106 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Jammie S. Siemer, Case No. 3:20-cv-1419 Plaintiff v. MEMORANDUM OPINION AND ORDER Commissioner of Social Security, Defendant Before me is the Report and Recommendation (“R & R”) of Magistrate Judge William H. Baughman, Jr. filed on July 13, 2021. (Doc. No. 20). 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. Following review of Judge Baughman’s R & R, I adopt it in its entirety as the Order of the Court. Because the ALJ failed to apply the proper legal standards in evaluating the opinion of Plaintiff’s treating physician, the Commissioner’s decision must be reversed and remanded. I agree with Judge Baughman’s recommendation that, on remand, the ALJ shall not only remedy the error with respect to the treating physician opinion, but also reconsider the state-agency sources to determine whether those opinions remain valid for a closed period prior to 2018. So Ordered. s/ Jeffrey J. Helmick United States District Judge Dockets.Justia.com
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