Szabo v. Commissioner of Social Security, No. 1:2020cv01206 - Document 21 (N.D. Ohio 2021)

Court Description: Memorandum of Opinion and Order For the reasons set forth herein, the Report and Recommendation of the Magistrate Judge (ECF No. 20 ) is hereby adopted. The decision of the Commissioner of Social Security is reversed and the case is remanded to the Commissioner for further proceedings and a new decision under sentence four of 42 U.S.C. § 405(g)2. On remand, the Appeals Council shall remand this case to an Administrative Law Judge ("ALJ"). After conducting any record development the ALJ deems appropriate, the ALJ shall issue a new decision. Judge Benita Y. Pearson on 8/23/2021. (JLG)

Download PDF
Szabo v. Commissioner of Social Security Doc. 21 Case: 1:20-cv-01206-BYP Doc #: 21 Filed: 08/23/21 1 of 2. PageID #: 1060 PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JEAN SZABO, Plaintiff, v. KILOLO KIJAKAZI,1 ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:20CV1206 JUDGE BENITA Y. PEARSON MEMORANDUM OF OPINION AND ORDER An Administrative Law Judge (“ALJ”) denied Plaintiff Jean Szabo’s applications for supplemental security income (“SSI”), disabled widow’s benefits (“DWB”), and disability insurance benefits (“DIB”) after a hearing in the above-captioned case. That decision became the final determination of the Commissioner of Social Security when the Appeals Council denied the request to review the ALJ’s decision. The claimant sought judicial review of the Commissioner’s decision, and the Court referred the case to Magistrate Judge Carmen E. Henderson for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). On August 6, 2021, the magistrate judge submitted a Report (ECF No. 20) recommending that the Court reverse the Commissioner’s decision because the ALJ’s error at Step Three requires remand. 1 Andrew M. Saul was the original Defendant. He was sued in an official capacity as a public officer. On July 9, 2021, Kilolo Kijakazi became the Acting Commissioner of Social Security. Pursuant to Fed. R. Civ. P. 25(d), Kijakazi’s name has been automatically substituted as a party. Dockets.Justia.com Case: 1:20-cv-01206-BYP Doc #: 21 Filed: 08/23/21 2 of 2. PageID #: 1061 (1:20CV1206) Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be filed within 14 days after service. Objections to the magistrate judge’s Report were, therefore, due on August 20, 2021. Neither party has filed objections, evidencing satisfaction with the magistrate judge’s recommendations. Any further review by this Court would be a duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Accordingly, the Report and Recommendation of the magistrate judge is hereby adopted. The decision of the Commissioner of Social Security is reversed and the case is remanded to the Commissioner for further proceedings and a new decision under sentence four of 42 U.S.C. § 405(g)2. On remand, the Appeals Council shall remand this case to an ALJ. After conducting any record development the ALJ deems appropriate, the ALJ shall issue a new decision. IT IS SO ORDERED. August 23, 2021 Date /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge 2 Sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), states: The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.