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Roy v. Astrue

United States District Court, S.D. Ohio, Western Division at Dayton
Dec 10, 2010
Case No. 3:09-cv-470 (S.D. Ohio Dec. 10, 2010)

Summary

finding it is not error to exclude a restriction from an examining physician's opinion, even when that opinion was given "significant weight"

Summary of this case from Spencer v. Comm'r of Soc. Sec.

Opinion

Case No. 3:09-cv-470.

December 10, 2010


ORDER ADOPTING REPORT AND RECOMMENDATIONS


The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #15), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.

Accordingly, it is hereby ORDERED that, pursuant to the fourth sentence of 42 U.S.C. Section 405(g), the Commissioner's decision that Plaintiff is not disabled is REVERSED and the matter is REMANDED to the Commissioner for additional administrative proceedings.

December 10, 2010.


Summaries of

Roy v. Astrue

United States District Court, S.D. Ohio, Western Division at Dayton
Dec 10, 2010
Case No. 3:09-cv-470 (S.D. Ohio Dec. 10, 2010)

finding it is not error to exclude a restriction from an examining physician's opinion, even when that opinion was given "significant weight"

Summary of this case from Spencer v. Comm'r of Soc. Sec.

finding it is not error to exclude a restriction from an examining physician's opinion, even when that opinion was given "significant weight"

Summary of this case from McDaniel v. Comm'r of Soc. Sec.
Case details for

Roy v. Astrue

Case Details

Full title:PAULA ROY, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL…

Court:United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Dec 10, 2010

Citations

Case No. 3:09-cv-470 (S.D. Ohio Dec. 10, 2010)

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