McMichael v. Commissioner of Social Security Administration, No. 1:2015cv01135 - Document 14 (N.D. Ohio 2016)
Court Description: Opinion & Order signed by Judge James S. Gwin on 6/13/16. The Court adopts the Report and Recommendation of the Magistrate Judge and remands this case to the Administrative Law Judge for further proceedings. (Related Doc. 12 ) (D,MA)
Download PDF
<![CDATA[
McMichael v. Commissioner of Social Security Administration Doc. 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------MONICA McMICHAEL obo M.M., Plaintiff, vs. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. : : : : : : : : : : : : : CASE NO. 1:15-CV-1135 OPINION & ORDER [Resolving Doc. 12] ------------------------------------------------------ JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On August 16, 2011, Plaintiff Monica McMichael applied for Supplemental Security Income benefits on behalf of her minor daughter, M.M..1 After her applications were denied2, Plaintiff requested that an ALJ evaluate her applications.3 On January 31, 2014, the ALJ determined that M.M. was not disabled within the meanings of the Social Security Act.4 The Appeals Council denied Plaintiff’s request for review.5 Plaintiff filed this complaint. Consistent with Local Rule 72.2, the Court referred the matter to Magistrate Judge Kenneth S. McHargh. Magistrate Judge McHargh issued a Report and Recommendation, finding the ALJ’s determination was not supported by substantial evidence and recommending that this Court vacate the Commissioner’s denial of disability benefits and remand the case back to the ALJ for further proceedings. 1 Doc. 1. Doc. 9 at 132-41, 143-52. 3 Id. at 166. 4 Id. at 67-81. 5 Id. at 1-4. 2 Dockets.Justia.com Case No.15-CV-1135 Gwin, J. Specifically, the Magistrate Judge found that the ALJ failed to take the entire record of evidence into account and made prejudicial errors in adjudicating this case.6 The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a Report and Recommendation to which the parties have made an objection.7 The Commissioner of Social Security declined to file any objections in this case.8 Absent objection, a district court may adopt the magistrate judge’s report without review.9 Moreover, having conducted its own review of the parties’ briefs in this case, the Court agrees with the conclusions of Magistrate Judge Kenneth S. McHargh. Accordingly, the Court ADOPTS in whole Magistrate Judge McHargh’s findings of fact and conclusions of law and incorporates them fully herein by reference. The Court thus REMANDS this case to the Administrative Law Judge for further proceedings. IT IS SO ORDERED. Dated: June 13, 2016 6 Doc. 12 at 18-29. 28 U.S.C. § 636(b)(1)(C). 8 Doc. 13. 9 Thomas v. Arn, 474 U.S. 140, 149 (1985). 7 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
