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15-2413 - Wider v. Colvin


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15-2413 - Wider v. Colvin
March 29, 2017
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MEMORANDUM OF DECISION & ORDER - As the Defendants only objections pertained to Section V-A-3 of the R&R, the Court reviews the rest of the R&R for clear error. Lewis, 573 F. Supp. 2d at 811; Nelson, 618 F. Supp. at 1189. The Court finds no clear error. Furthermore, after a de novo review, the Court agrees with the reasoning and result of Section V-A-3, except for that portion which recommends remand for application of the treating physician rule to N.P. Payette. Therefore, the Court adopts the R&R in its entirety with the exception of the discussion of N.P. Payette. As discussed above, N.P. Payette was unable to give a medical opinion, and on remand the ALJ need not ascribe any weight to her opinions. Accordingly, the Plaintiffs motion for a judgment on the pleadings pursuant to Rule 12(c) is granted in part; and the Commissioners motion for a judgment on the pleadings pursuant to Rule 12(c) is denied. The case is remanded for further proceedings consistent with this opinion. The Clerk of the Court is respectfully directed to close this case. So Ordered by Judge Arthur D. Spatt on 3/29/2017. (Coleman, Laurie)