Urban v. Commissioner of Social Security, No. 1:2013cv01136 - Document 17 (N.D. Ohio 2014)
Court Description: Memorandum Opinion and Order Adopting Report and Recommendation re 15 and remanding for further proceedings. Judge Lesley Wells (C,KA)
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Urban v. Commissioner of Social Security Doc. 17 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION . : : Plaintiff, : : : -vs: : : COMMISSIONER OF SOCIAL : SECURITY, : Defendant. ------------------------------------------------------ -----------------------------------------------------TIMOTHY P. URBAN, CASE NO. 1:13 CV 1136 MEMORANDUM OF OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND REMANDING FOR FURTHER PROCEEDINGS UNITED STATES DISTRICT JUDGE LESLEY WELLS Plaintiff Timothy P. Urban challenges the Commissioner of Social Security's ("Commissioner") denial of his application for a Period of Disability (“POD”) and Disability Insurance Benefits (“DIB”). (Docket No. 1, Complaint). This matter was automatically referred to United States Magistrate Judge Nancy A. Vecchiarelli for a Report and Recommendation ("R&R"), pursuant to Local Civil Rule 72.2(b). In her R&R, Magistrate Judge Vecchiarelli recommended this Court remand the case, because the Administrative Law Judge ("ALJ") erred when he failed to obtain vocational expert testimony to support a step five finding. The Commissioner has filed a response to the R&R indicating that she would not Dockets.Justia.com be filing any objections. (#16). The Court accordingly adopts Magistrate Judge Vecchiarelli’s R&R in its entirety and remand to the Commissioner for further proceedings consistent with the R&R. IT IS SO ORDERED. /s/Lesley Wells UNITED STATES DISTRICT JUDGE Dated: 21 February 2014 2
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