Doll v. Commissioner of Social Security, No. 1:2018cv01591 - Document 18 (N.D. Ohio 2019)

Court Description: Opinion & Order signed by Judge James S. Gwin on 8/22/19. The Court, for the reasons set forth in this Order, adopts the Report and Recommendation of the Magistrate Judge, vacates the Commissioner's final decision, and remands the case for further proceedings consistent with this opinion. (Related Docs. 1 and 17 ) (D,MA)

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Doll v. Commissioner of Social Security Doc. 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO : : CYNTHIA K. DOLL, : : Plaintiff, : : vs. : COMMISSIONER OF SOCIAL SECURITY, : : : Defendant. : : CASE NO. 1:18-cv-1591 OPINION & ORDER [Resolving Doc.1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On July 12, 2018, Plaintiff Cynthia K. Doll filed a complaint that asked for judicial review of Defendant Social Security Commissioner’s decision to deny her application for disability insurance benefits and supplemental security income.1 On June 28, 2019, Magistrate Judge George J. Limbert recommended that the Court vacate the Commissioner’s final decision and remand the case for further proceedings.2 Any objections to Magistrate Judge Limbert’s Report and Recommendation ( R&R ) were due by July 13, 2019. None were filed. 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.3 Absent objection, a district court may adopt the R&R without review.4 Because no party has objected to the R&R, this Doc. 1. Plaintiff and Defendant filed merits briefs. Docs.12, 15. Plaintiff replied to Defendant’s brief. Doc. 16. Doc.17. 3 28 U.S.C. § 636(b)(1). 4 See Thomas v. Arn, 474 U.S. 140, 149–52 (1985). Failure to timely object may waive a party’s right to appeal the district court’s order adopting the R&R. Id. at 155; United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). 1 2 Dockets.Justia.com Case No. 1:18-cv-1591 Gwin, J. Court may adopt the R&R without further review. Nonetheless, the Court conducted its own review of the record and agrees with the conclusions in the R&R. Accordingly, the Court ADOPTS Magistrate Judge Limbert’s R&R, incorporating it fully herein by reference, VACATES the Commissioner’s final decision, and REMANDS the case for proceedings consistent with the opinion. IT IS SO ORDERED. Dated: August 22, 2019 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

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