Rodway v. Commissioner of Social Security et al, No. 1:2018cv00169 - Document 19 (N.D. Ohio 2019)
Court Description: Opinion & Order signed by Judge James S. Gwin on 2/11/19. The Court, for the reasons set forth in this order, adopts the Report and Recommendation of the Magistrate Judge, incorporates it fully herein by reference, vacates the Commissioner's final decision, and remands the case for further proceedings. (Related Docs. 1 and 17 ) (D,MA)
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Rodway v. Commissioner of Social Security et al Doc. 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO SUSAN S. RODWAY, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : : : CASE NO. 1:18-cv-169 OPINION & ORDER [Resolving Doc. 1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On January 23, 2018, Plaintiff Susan Rodway filed a complaint seeking judicial review of Defendant Social Secur“ty Comm“ss“oner’s dec“s“on to deny her period of disability and disability insurance benefits applications.1 On January 24, 2019, Magistrate Judge David A. Ruiz recommended that the Court vacate the Comm“ss“oner’s f“nal dec“s“on and remand the case for further proceedings.2 Any objections to Magistrate Judge Ruiz’s Report and Recommendat“on ( R&R ) were due by February 7, 2019. Defendant Commissioner stated she will not file objections.3 The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of an R&R to which the parties have objected.4 Absent objection, a Doc. 1. Plaintiff and Defendant file merits briefs. Docs. 13, 15. Pla“nt“ff repl“es to Defendant’s br“ef. Doc. 16. Doc. 17. 3 Doc. 18. 4 28 U.S.C. § 636(b)(1). 1 2 Dockets.Justia.com Case No. 1:18-cv-169 Gwin, J. district court may adopt the R&R without review. 5 Because no party has objected to the R&R, this Court may adopt the R&R without further review. Moreover, having conducted its own review of the record, the Court agrees with the conclusions in the R&R. Accordingly, the Court ADOPTS Mag“strate Judge Ru“z’s R&R, “ncorporat“ng “t fully herein by reference, VACATES the Comm“ss“oner’s f“nal dec“s“on, and REMANDS the case for proceedings consistent with the opinion. IT IS SO ORDERED. s/ Dated: February 11, 2019 James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 5 Thomas v. Arn, 474 U.S. 140, 149–52 (1985). Failure to timely object may wa“ve a party’s r“ght to appeal the d“str“ct court’s order adopt“ng the R&R. Id. at 155; United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). -2-
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