Rivera v. Commissioner Social Security Administration, No. 5:2016cv00105 - Document 19 (N.D. Ohio 2016)

Court Description: Opinion and Order For the reasons stated in the Order, the Court hereby vacates the Commissioner's final decision denying Rivera's application for DIB and SSI and remands the case for further proceedings consistent with the Report and Recommendation. Related documents 17 , 18 . Signed by Judge Dan Aaron Polster on 11/17/2016. (K,K)
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Rivera v. Commissioner Social Security Administration Doc. 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION DIANE RIVERA, Plaintiff, vs. CAROLYN W. COLVIN, Acting Comm’r of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 5:16 CV 105 JUDGE DAN AARON POLSTER OPINION AND ORDER This Social Security case is before the Court on the Report and Recommendation of Magistrate Judge Jonathan D. Greenberg. (Doc #: 17 (“R & R”).) The Magistrate Judge recommends that the Commissioner’s final decision denying DIB and SSI be vacated and the matter remanded for further proceedings consistent with the R & R. (Id.) The Commissioner has filed a response to the R & R stating, “Defendant, Commissioner of the Social Security Administration, will not be filing objections to this Honorable Court’s Report and Recommended Decision.” (Doc #: 18.) The Court has reviewed the thorough, comprehensive 33-page R & R and agrees with Magistrate Judge Greenberg’s findings and recommendation. Accordingly, the Court hereby VACATES the Commissioner’s final decision denying Rivera’s application for DIB and SSI and REMANDS the case for further proceedings consistent with the R & R. IT IS SO ORDERED. /s/ Dan A. Polster November 17, 2016 Dan Aaron Polster United States District Judge Dockets.Justia.com