Clemmons v. Commissioner of Social Security

Justia Dockets & Filings Sixth Circuit Ohio Southern District Clemmons v. Commissioner of Social Security

Clemmons v. Commissioner of Social Security

Plaintiff:	Suzanne Clemmons
Defendant:	Commissioner of Social Security
Case Number:	1:2010cv00902
Filed:	December 17, 2010
Court:	US District Court for the Southern District of Ohio
Office:	Cincinnati Office
County:	BUTLER
Presiding Judge:	Stephanie K. Bowman
Presiding Judge:	S Arthur Spiegel
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 416
Jury Demanded By:	None

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Date Filed	Document Text
February 21, 2012	Filing 15 ORDER ADOPTING REPORT AND RECOMMENDATIONS re 14 Report and Recommendation in all respects. The Court REVERSES the Commissioner's decision denying Plaintiffs applications for benefits. The Court thus REMANDS the case under sentence four of 42 U.S.C. § 405(g) for the ALJ to reconsider (a) whether Plaintiff meets or medically equals Listing 1.04; (b) the effects of Plaintiffs obesity and use of a hand-held device for ambulation, both at Step 3 and in formulating Plaintiffs residual fun ctional capacity at Step 4; (c) what weight to give to the residual functional capacity adopted by Plaintiffstreating physician, as well as the weight to be given to that physicians medical opinion that Plaintiffs back impairment involves pain from nerve root impingement and radiculopathy; and (d) the credibility of Plaintiffs subjective complaints. Finally, the Court ORDERS that this case be closed. Signed by Judge S Arthur Spiegel on 2/21/2012. (km1)
January 25, 2012	Filing 14 REPORT AND RECOMMENDATIONS re 3 Complaint filed by Suzanne Clemmons: that the decision of the Commissioner be REVERSED and REMANDED under sentence four of 42 USC 405(g) and this case CLOSED. Objections to R&R due by 2/13/2012. Signed by Magistrate Judge Stephanie K. Bowman on 1/25/12. (jl1)

Date Filed

Document Text

February 21, 2012

Filing 15 ORDER ADOPTING REPORT AND RECOMMENDATIONS re 14 Report and Recommendation in all respects. The Court REVERSES the Commissioner's decision denying Plaintiffs applications for benefits. The Court thus REMANDS the case under sentence four of 42 U.S.C. § 405(g) for the ALJ to reconsider (a) whether Plaintiff meets or medically equals Listing 1.04; (b) the effects of Plaintiffs obesity and use of a hand-held device for ambulation, both at Step 3 and in formulating Plaintiffs residual fun ctional capacity at Step 4; (c) what weight to give to the residual functional capacity adopted by Plaintiffstreating physician, as well as the weight to be given to that physicians medical opinion that Plaintiffs back impairment involves pain from nerve root impingement and radiculopathy; and (d) the credibility of Plaintiffs subjective complaints. Finally, the Court ORDERS that this case be closed. Signed by Judge S Arthur Spiegel on 2/21/2012. (km1)

January 25, 2012

Filing 14 REPORT AND RECOMMENDATIONS re 3 Complaint filed by Suzanne Clemmons: that the decision of the Commissioner be REVERSED and REMANDED under sentence four of 42 USC 405(g) and this case CLOSED. Objections to R&R due by 2/13/2012. Signed by Magistrate Judge Stephanie K. Bowman on 1/25/12. (jl1)

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Plaintiff: Suzanne Clemmons
Represented By:	John J McCracken
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Defendant: Commissioner of Social Security
Represented By:	Henry S. Kramzyk
Represented By:	John J Stark
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