Hutchinson v. Commissioner of Social Security, No. 1:2015cv01144 - Document 22 (N.D. Ohio 2016)

Court Description: Opinion and Order adopting Report and Recommendation. (Doc. No. 20 .) 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 6/23/2016. (P,J)

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Hutchinson v. Commissioner of Social Security Doc. 22 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CHARLENE HUTCHINSON, PLAINTIFF, vs. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, DEFENDANT. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:15-cv-1144 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. 20 (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. 21.) The failure to file written objections to the Dockets.Justia.com report and recommendation of a magistrate judge constitutes a waiver of a de novo determination by 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: June 23, 2016 HONORABLE SARA LIOI UNITED STATES DISTRICT JUDGE 2

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