Opinion
CASE NO. 1: 11 CV 1019
05-18-2012
FRANKLIN FRYE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security Defendant.
JUDGE DONALD C. NUGENT
MEMORANDUM OPINION
This matter comes before the Court upon the Report and Recommendation of Magistrate Judge Vernelis K. Armstrong. The Report and Recommendation (ECF # 23), issued on April 9, 2012, is hereby ADOPTED by this Court. Plaintiff filed this action requesting judicial review of Defendant's final decision denying his claim for Supplemental Security Income (SSI) under Title XVI of the Act, 42 U.S.C. §§ 1381 et seq. The Magistrate Judge recommended that the Court affirm in part and Reverse and Remand in part the Commissioner's decision. No timely objections have been filed.
The Commissioner filed a Notice that he would not be filing objections to the Report and Recommendation. (ECF #24).
The Court has reviewed de novo the Report and Recommendation, see Ohio Citizen Action v. City of Seven Hills, 35 F. Supp. 2d 575, 577 (N.D. Ohio 1999), and ADOPTS the Report and Recommendation in its entirety. Accordingly, this action is REMANDED to the Commissioner to obtain: (1) a medical/psychological expert opinion regarding the effect of Plaintiff's moderate impairment in concentration, persistence and pace on Plaintiff's ability to work; and (2) vocational testimony based on a hypothetical question that adequately incorporates and conveys Plaintiff's physical and medical residual functional capacity so as to determine what, if any, jobs Plaintiff is able to perform consistent with the restrictions and limitations set forth in the ALJ's residual functional capacity determination.
IT IS SO ORDERED.
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DONALD C. NUGENT
United States District Judge