Hoffman v. Commissioner of Social Security Administration, No. 1:2018cv02123 - Document 16 (N.D. Ohio 2019)
Court Description: Opinion and Order For the reasons stated in the Order, the Court adopts the 15 Report and Recommendation in its entirety, reverses the Commissioner's decision denying DIB to Robert Hoffman, and remands the case for further proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g). Signed by Judge Dan Aaron Polster on 8/9/2019. (K,K)
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Hoffman v. Commissioner of Social Security Administration Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ROBERT A. HOFFMAN, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:18 CV 2123 JUDGE DAN AARON POLSTER OPINION AND ORDER Before the Court is the Report and Recommendation of Magistrate Judge James R. Knepp II (R & R). Doc #: 15. Magistrate Judge Knepp recommends that the Court reverse the Commissioner’s decision to deny Social Security Disability Insurance Benefits (DIB) to Plaintiff Robert A. Hoffman, and to remand the case to the Commissioner for further proceedings consistent with the R & R. Id. 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). The failure to timely file written objections to a Magistrate Judge’s R & R constitutes a waiver of the right to obtain a de novo review of the R & R in the district court. United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149–50 (1985). The failure to file written objections also results in a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985). Dockets.Justia.com Here, the R & R was filed on July 24, 2019, and the deadline for filing objections was Wednesday, August 7, 2019. It is now August 9, 2019, and the Commissioner has neither filed objections nor requested an extension of time to do so. The Court has reviewed the Magistrate Judge’s thorough, 20-page R & R concluding that the ALJ’s analysis of Listing 1.04, and of Dr. Louis Keppler’s medical source opinion, is not supported by substantial evidence and recommends that the decision be reversed and remanded. The undersigned firmly agrees. Accordingly, the Court ADOPTS the R & R in its entirety, REVERSES the Commissioner’s decision denying DIB to Robert Hoffman, and REMANDS the case for further proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g). IT IS SO ORDERED. /s/ Dan A. Polster August 9, 2019 Dan Aaron Polster United States District Judge -2-
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