Pica Ortiz v. Commissioner of Social Security, No. 1:2023cv00879 - Document 12 (N.D. Ohio 2024)
Court Description: Opinion and Order signed by Judge James S. Gwin on 4/17/24. The Court ADOPTS Magistrate Judge Armstrong's R&R, and VACATES and REMANDS the Commissioner's final decision for further proceedings consistent with this order. re 1 Complaint, 11 Report and Recommendation (T,A)
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Pica Ortiz v. Commissioner of Social Security Doc. 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ROSA E. PICA ORTIZ, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. : : : : : : : : : : : : CASE NO. 1:23-cv-00879 OPINION & ORDER [Resolving Doc. 1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Rosa Pica Ortiz seeks judicial review of the Social Security Administration Commissioner’s final decision partially denying her application for Disability Insurance Benefits (“DIB”).1 On March 13, 2024, Magistrate Judge Armstrong issued a Report and Recommendation (“R&R”) recommending that the Court vacate and remand the Commissioner’s final decision in order for an ALJ to adequately consider and explain the persuasiveness of Dr. Monica Seo’s medical expert opinion.2 Objections to the R&R were due by March 27, 2024. Neither party objected. The Federal Magistrates Act requires district courts to conduct a de novo review of only objected-to portions of an R&R.3 Absent objection, district courts may adopt an R&R without review.4 Neither party objected to the R&R, and this Court may adopt Magistrate 1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 8, 9. Plaintiff filed a reply. Doc. 10. Doc. 11. 3 28 U.S.C. § 636(b)(1). 4 Thomas v. Arn, 474 U.S. 140, 149–52 (1985). Failure to timely object may waive a party’s right to appeal the 2 Dockets.Justia.com Case No. 1:23-cv-00879 Gwin, J. Judge Armstrong’s R&R without further review. Accordingly, the Court ADOPTS Magistrate Judge Armstrong’s R&R, and VACATES and REMANDS the Commissioner’s final decision for further proceedings consistent with this order. IT IS SO ORDERED. s/ Dated: April 17, 2024 James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE district court’s order adopting the R&R. Id. at 155; United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). -2-
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