Daniels v. Commissioner of Social Security, No. 1:2011cv00806 - Document 25 (N.D. Ohio 2012)
Court Description: Opinion and Order signed by Judge James S. Gwin on 8/13/12 adopting the Report and Recommendation of the Magistrate Judge. This case is remanded for proceedings consistent with this entry. (Related Docs. 1 , 23 ) (M,G)
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Daniels v. Commissioner of Social Security Doc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: CORTNEY DANIELS, : : Plaintiff, : : vs. : : COMMISSIONER OF SOCIAL : SECURITY, : : Defendant. : : ------------------------------------------------------- CASE NO. 1:11-CV-00806 OPINION & ORDER [Resolving Doc. No. 1, 23] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On April 25, 2011, Plaintiff Cortney Daniels filed a complaint seeking review of the Defendant Commissioner of Social Security’s decision to deny her application for disability benefits. [Doc. 1.] The matter was referred to Magistrate Judge Kathleen B. Burke under Local Rule 72.2. On May 7, 2012, Magistrate Judge Burke issued a Report and Recommendation recommending that this Court reverse the Commissioner’s decision. [Doc. 23.] The Commissioner filed a response on May 21, 2012 stating that he will not file an objection to the Report and Recommendation. [Doc 24.] 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. 28 U.S.C. § 636(b)(1)(C). Parties must file any objections to a Report and Recommendation within fourteen days of service. Id.; Fed. R. Civ. P. 72(b)(2). Failure to object within this time waives a party’s right to appeal the magistrate’s report. Thomas v. Arn, 474 U.S. 140, 145 (1985); United -1- Dockets.Justia.com 2 Case No. 1:11-CV-00806 Gwin, J. States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court may adopt the magistrate judge’s report without review. See Thomas, 474 U.S. at 149. In this case, neither party has objected to the Magistrate Judge’s recommendation. Additionally, having independently reviewed the record, the Court agrees with Magistrate Judge Burke that the Administrative Law Judge failed to provide good reasons for not affording the opinion of the Plaintiff’s treating physician controlling weight, and that the ALJ’s Step Five hypothetical did not adequately incorporate the Plaintiff’s mental limitations. Accordingly, the Court ADOPTS in whole Magistrate Judge Burke’s Report and Recommendation and incorporates it fully herein by reference, REVERSES the Commissioner’s decision, and REMANDS this case for proceedings consistent with the Report & Recommendation. IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: August 13, 2012 -2-
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