Butler v. Commissioner of Social Security

Filing 23

Order Adopting Report and Recommendation 21 vacating and remanding to Social Security Administration. Judge Lesley Wells(C,KA)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

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Plaintiff, :
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-vs:
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COMMISSIONER OF SOCIAL
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SECURITY ADMINISTRATION,
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Defendant. :
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----------------------------------------------------SARAH BUTLER,

CASE NO. 1:11 CV 680
MEMORANDUM OF OPINION AND
ORDER ACCEPTING THE
MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AND VACATING
AND REMANDING THE
COMMISSIONER’S DECISION

UNITED STATES DISTRICT JUDGE LESLEY WELLS
This case was before Magistrate Judge McHargh pursuant to Local Rule 72.2(b).
The issue was whether the final decision of the Commissioner of Social Security (the
“Commissioner”) denying Plaintiff Sarah Butler’s application for a Period of Disability
and Disability Insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§
416(I) and 423, is supported by substantial evidence, and therefore, conclusive.
On 20 April 2012, Judge McHargh issued a Report and Recommendation
concluding that the decision of the Commissioner is not supported by substantial
evidence and, therefore, must be vacated and remanded back to the Social Security
Administration. (Doc. 21). The Commissioner responded to the Report and
Recommendation by stating that he would not be filing any objections. (Doc. 22).
No party has objected to the Magistrate Judge's Report and Recommendation.

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Therefore, it must be assumed the parties are satisfied with the Report’s conclusion.
Any further review by this Court would be a duplicative and inefficient use of the Court's
limited resources. Thomas v. Arn, 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 (6th Cir. 1981).
Accordingly, this Court adopts the Magistrate Judge’s Report and
Recommendation. The decision of the Commissioner is hereby vacated and remanded
back to the Social Security Administration.

IT IS SO ORDERED.
/s/Lesley Wells
UNITED STATES DISTRICT JUDGE

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