Roche v. Commissioner of Social Security, No. 1:2017cv00177 - Document 15 (N.D. Ohio 2017)
Court Description: Opinion & Order signed by Judge James S. Gwin on 12/19/17 adopting the Report and Recommendation of the Magistrate Judge. The Court vacates the final decision of the Commissioner and remands for further proceedings. (Related Docs. 1 and 13 ) (D,MA)
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Roche v. Commissioner of Social Security Doc. 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------JUSTIN ROCHE, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendant. : : : : : : : : : : : : : CASE NO. 1:17-cv-177 OPINION AND ORDER [Resolving Doc. 1] ------------------------------------------------------ JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Justin Roche originally applied in December 2013 for supplemental security income and Child’s Insurance Benefits on the basis of disability.1 An Administrative Law Judge (“ALJ”) heard Roche’s case at a December 8, 2015, hearing, and found Roche not disabled in a February 2, 2016 decision.2 The Appeals Council denied Roche’s request for review, and Roche brought this action to challenge the Social Security Commissioner’s final decision.3 Magistrate Judge Jonathan D. Greenberg originally considered this case. On December 12, 2017, Magistrate Judge Greenberg issued a Report and Recommendation recommending that the final decision of the Commissioner be vacated and remanded.4 The Commissioner does not object to the Report and Recommendation.5 1 See Doc. 13 at 2. Id. 3 Id. 4 Id. at 1. 5 See Doc. 14. 2 Dockets.Justia.com Case No. 1:17-cv-177 Gwin, J. 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.6 Absent objection, a district court may adopt the Report and Recommendation without review.7 Because no party has objected to the Report and Recommendation, this Court may adopt the Report and Recommendation without further review. Moreover, having conducted its own review of the briefing and record, the Court agrees with the conclusions in the Report and Recommendation. Accordingly, the Court ADOPTS Magistrate Judge Greenberg’s Report and Recommendation and incorporates it fully herein by reference. The Court VACATES the final decision of the Commissioner and REMANDS this case for further proceedings consistent with Magistrate Judge Greenberg’s Report and Recommendation. IT IS SO ORDERED. Dated: December 19, 2017 6 7 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 28 U.S.C. § 636(b)(1). Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b). -2-
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