Walker v. SSA, No. 2:2013cv00118 - Document 19 (E.D. Ky. 2014)
Court Description: OPINION & ORDER: 1) Report and Recommendation of Mag Judge 18 is adopted as Opinion of the Court; 2) Defendant's Motion for Summary Judgment 17 is denied; 3) Plaintiff's Motion for Summary Judgment 16 is granted in part as to Plaintiff's request for a reversal of the ALJ's decision and remand, and denied in part to the extent Plaintiff requests a court-ordered award of benefits; 4) The ALJ's decision is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) with instructions to reconsider Plaintiff's physical and mental impairments, consistent with the R&R. Signed by Judge David L. Bunning on 10/9/2014.(TJZ)cc: COR
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Walker v. SSA Doc. 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON CIVIL ACTION NO. 13-118-DLB-CJS AMY L. WALKER vs. PLAINTIFF OPINION AND ORDER CAROLYN W. COLVIN, Acting Commissioner of Social Security DEFENDANT ************* This matter is before the Court on Plaintiff s Motion for Summary Judgment (Doc. #16), Defendant s Motion for Summary Judgment (Doc. #17), and the Report and Recommendation of the Magistrate Judge (Doc. #18). Plaintiff brought this action under 42 U.S.C. § 405(g) to challenge Defendant s final decision to deny Plaintiff s application for Supplemental Security Income and Disability Insurance Benefits. The Court referred the matter to the United States Magistrate Judge for consideration pursuant to 28 U.S.C. § 636(b). On September 19, 2014, the Magistrate Judge filed her Report and Recommendation, wherein she adopted Plaintiff s argument and found that the ALJ did error, in several respects, in considering Plaintiff s physical and mental impairments. As such, the Magistrate Judge recommended that Defendant s Motion for Summary Judgment be denied, Plaintiff s Motion for Summary Judgment be granted in part, and the matter be remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further consideration. 1 Dockets.Justia.com Neither party filed objections to the Magistrate Judge s Report and Recommendation, and the time for filing any objections having now expired, the R&R is ripe for review. Although this Court must make a de novo determination of those portions of the Magistrate Judge s Report and Recommendation to which objection is made, see U.S.C. § 636(b)(1)(c), [i]t does not appear that Congress intended to require district court review of a magistrate s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings. Thomas v. Arn, 474 U.S. 140, 150 (1985). Moreover, a party who fails to file objections with the court to a magistrate judge s report and recommendation waives the right to appeal. See Wright v. Holbrook, 794 F.2d 1152, 1154-55 (6th Cir. 1986). Nevertheless, the Court, having examined the record and having made a de novo determination, is in agreement with the Magistrate Judge s Report and Recommendation in this case. Accordingly, IT IS ORDERED as follows: (1) The Report and Recommendation of the Magistrate Judge (Doc. #18) is hereby adopted as the Opinion of this Court; (2) Defendant s Motion for Summary Judgment (Doc. #17) is hereby denied; (3) Plaintiff s Motion for Summary Judgment (Doc. #16) is hereby granted in part as to Plaintiff s request for a reversal of the ALJ s decision and remand, and denied in part to the extent Plaintiff requests a court-ordered award of benefits; and (4) The ALJ s decision is hereby reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g), with instructions to reconsider Plaintiff s physical and mental impairments, consistent with the Report and Recommendation. 2 This 9th day of October, 2014. G:\DATA\SocialSecurity\Orders\Covington\02-13-118 Order&JudgmentAdoptingR&R.wpd 3
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