Carson v. Commissioner Social Security Administration, No. 1:2015cv02408 - Document 16 (N.D. Ohio 2016)
Court Description: Memorandum of Opinion and Order For the reasons set forth herein, the Report and Recommendation of the Magistrate Judge, ECF No. 15 , is hereby adopted. The Court will reverse the decision of the Commissioner of Social Security and remand this case to the Commissioner for rehearing and a new decision. Judge Benita Y. Pearson on 9/13/2016. (JLG)
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Carson v. Commissioner Social Security Administration Doc. 16 PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION MELANIE J. CARSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:15CV02408 JUDGE BENITA Y. PEARSON MEMORANDUM OF OPINION AND ORDER An Administrative Law Judge (“ALJ”) denied Plaintiff Melanie J. Carson’s application for Supplemental Security Income after a hearing in the above-captioned case. That decision became the final determination of the Commissioner of Social Security when the Appeals Council denied the request to review the ALJ’s decision. The claimant sought judicial review of the Commissioner’s decision, and this Court referred the case to Magistrate Judge Kathleen B. Burke for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). The Magistrate Judge submitted a Report (ECF No. 15) recommending that the Court reverse the Commissioner’s decision and remand the case to the ALJ to consult with a medical expert regarding whether Plaintiff meets or medically equals Listing 12.05(C). ECF No. 15 at PageID #: 1748. Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be filed within 14 days after service. The Commissioner has not filed any objections. Furthermore, Dockets.Justia.com (1:15CV02408) Plaintiff has not filed any objections, evidencing satisfaction with the Magistrate Judge’s recommendations. Any further review by this Court would be a duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Accordingly, the Report and Recommendation of the Magistrate Judge is hereby adopted. The Court will reverse the decision of the Commissioner of Social Security and remand this case to the Commissioner for rehearing and a new decision. IT IS SO ORDERED. September 13, 2016 Date /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge 2
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