Woodberry v. Commissioner of Social Security Administration, No. 1:2015cv02222 - Document 19 (N.D. Ohio 2016)
Court Description: Opinion and Order: The Court has reviewed Magistrate Judge Parker's report and recommendation, and accepts and adopts the same. (Doc. No. 17 .) Accordingly, the final decision of the Commissioner denying plaintiff's application for Supplemental Security Income benefits and Disability Insurance benefits is vacated, and this matter is remanded to the Commissioner for further proceedings consistent with this opinion. Judge Sara Lioi on 8/26/2016. (P,J)
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Woodberry v. Commissioner of Social Security Administration Doc. 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION SIMONE WOODBERRY, PLAINTIFF, vs. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, DEFENDANT. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:15-cv-2222 JUDGE SARA LIOI OPINION AND ORDER Before the Court is the report and recommendation of Magistrate Judge Thomas Parker, recommending that that the final decision of the Commissioner of Social Security denying plaintiff’s application for Supplemental Security Income benefits and Disability Insurance benefits under Title XVI of the Social Security Act be vacated, and the matter remanded for further proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 17 (Report and Recommendation [“R&R”]).) Under the relevant statute: Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. ' 636(b)(1)(C). The government has filed a response to the R&R, stating that the defendant Commissioner will not be filing objections to the R&R. (Doc. No. 18.) The failure to file written objections to the report and recommendation of a magistrate judge constitutes a waiver of a de novo determination by Dockets.Justia.com the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff=d, 474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court has reviewed Magistrate Judge Parker’s report and recommendation, and accepts and adopts the same. Accordingly, the final decision of the Commissioner denying plaintiff’s application for Supplemental Security Income benefits and Disability Insurance benefits is VACATED, and this matter is REMANDED to the Commissioner for further proceedings consistent with this opinion. IT IS SO ORDERED. Dated: August 26, 2016 HONORABLE SARA LIOI UNITED STATES DISTRICT JUDGE 2
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