Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 5:18-cv-01917—William H. Baughman, Magistrate Judge.
Decided and Filed: July 8, 2020
Before: COLE, Chief Judge; CLAY and NALBANDIAN, Circuit Judges.
COLE, Chief Judge. David Hargett appeals a federal magistrate judge’s order upholding
the decision of an administrative law judge (“ALJ”) that denied Hargett social security disability
benefits. Hargett contends that the ALJ failed to give proper consideration to a functional
capacity evaluation signed by his treating physician. Because the ALJ erred, and this error was
not harmless, we vacate with instructions to remand to the Commissioner.