Fackler v. Commissioner of Social Security, No. 3:2020cv00790 - Document 19 (N.D. Ohio 2021)
Court Description: Memorandum Opinion and Order: Following review of Judge Ruiz's Report and Recommendation, I adopt it in its entirety as the Order of the Court. Therefore, the Commissioner's decision is reversed and the matter is remanded. re 18 . Judge Jeffrey J. Helmick on 8/9/2021. (S,AL)
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Fackler v. Commissioner of Social Security Doc. 19 Case: 3:20-cv-00790-JJH Doc #: 19 Filed: 08/09/21 1 of 1. PageID #: 3078 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Crystal Garretson Fackler, Case No. 3:20-cv-790 Plaintiff v. MEMORANDUM OPINION AND ORDER Commissioner of Social Security, Defendant Before me is the Report and Recommendation (“R & R”) of Magistrate Judge David A. Ruiz filed on July 16, 2021. (Doc. No. 18). Under the relevant statute: Within [fourteen (14)] days after being served a copy of these proposed Findings and Recommendation, any party who wishes to object must file and serve written objections or further appeal is waived. United States v. Campbell, 261 F.3d 628, 631-32 (6th Cir. 2001) (citation omitted); see also 28 U.S.C. § 636(b)(1) (effective Dec. 1, 2009); Fed. R. Civ. P. 72(b)(2). In this case, the fourteen-day window for objections has elapsed, and no objections have been filed. Following review of Judge Ruiz’s R & R, I adopt it in its entirety as the Order of the Court. I agree with Judge Ruiz’s finding “that a remand is necessary to clarify the impact on the availability of jobs for someone with all the restrictions the ALJ assessed, including the prohibition against exposure to perfumes and colognes. ALJ’s RFC determination.” (Doc. No. 18 at 25). Therefore, the Commissioner’s decision is reversed and the matter is remanded. So Ordered. s/ Jeffrey J. Helmick United States District Judge Dockets.Justia.com
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