Cosiano v. Commissioner of the Social Security Administration, No. 1:2021cv00610 - Document 18 (N.D. Ohio 2022)

Court Description: Opinion and Order signed by Judge James S. Gwin on 5/6/22. The Court ADOPTS Judge Parker's Report and Recommendation, incorporating it fully herein by reference, VACATES the Commissioner's final decision, and REMANDS this case consistent with the Report and Recommendation. re 1 Complaint, 16 Report and Recommendation (T,A)
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Cosiano v. Commissioner of the Social Security Administration Doc. 18 Case: 1:21-cv-00610-JG Doc #: 18 Filed: 05/06/22 1 of 2. PageID #: 1668 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO JANE A. COSIANO, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. : : : : : : : : : : : : CASE NO. 1:21 cv 00610 OPINION & ORDER [Resolving Doc. 16] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Jane A. Cosiano seeks judicial review of the Defendant Commissioner of Social Security final decision denying her applications for disability insurance benefits and supplemental security income. On April 19, 2022, Judge Thomas M. Parker recommended that the Court vacate the Commissioner’s decision and remand the case for further consideration.1 Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of a Report and Recommendation to which the parties have objected.2 Absent objection, a district court may adopt a Report and Recommendation without review.3 Here, the Government informed the Court that it had declined to file objections,4 so this Court may adopt the Report and Recommendation without further review. Moreover, 1 Doc. 16. 28 U.S.C. § 636(b)(1). 3 Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b). 4 Doc. 17. 2 Dockets.Justia.com Case: 1:21-cv-00610-JG Doc #: 18 Filed: 05/06/22 2 of 2. PageID #: 1669 Case No. 1:21-cv-00610 Gwin, J. having conducted its own review of the petition and record, the Court agrees with Judge Parker’s determinations. Accordingly, the Court ADOPTS Judge Parker’s Report and Recommendation, incorporating it fully herein by reference, VACATES the Commissioner’s final decision, and REMANDS this case consistent with the Report and Recommendation. IT IS SO ORDERED. s/ Dated: May 6, 2022 James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-