Daniels v. Commissioner of Social Security

Filing 25

Opinion and Order signed by Judge James S. Gwin on 8/13/12 adopting the Report and Recommendation of the Magistrate Judge. This case is remanded for proceedings consistent with this entry. (Related Docs. 1 , 23 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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CORTNEY DANIELS,
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Plaintiff,
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vs.
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COMMISSIONER OF SOCIAL
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SECURITY,
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Defendant.
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CASE NO. 1:11-CV-00806

OPINION & ORDER
[Resolving Doc. No. 1, 23]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On April 25, 2011, Plaintiff Cortney Daniels filed a complaint seeking review of the
Defendant Commissioner of Social Security’s decision to deny her application for disability benefits.
[Doc. 1.] The matter was referred to Magistrate Judge Kathleen B. Burke under Local Rule 72.2.
On May 7, 2012, Magistrate Judge Burke issued a Report and Recommendation recommending that
this Court reverse the Commissioner’s decision. [Doc. 23.] The Commissioner filed a response on
May 21, 2012 stating that he will not file an objection to the Report and Recommendation. [Doc 24.]
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a Report and Recommendation to which the parties have made an objection. 28
U.S.C. § 636(b)(1)(C). Parties must file any objections to a Report and Recommendation within
fourteen days of service. Id.; Fed. R. Civ. P. 72(b)(2). Failure to object within this time waives a
party’s right to appeal the magistrate’s report. Thomas v. Arn, 474 U.S. 140, 145 (1985); United
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Case No. 1:11-CV-00806
Gwin, J.
States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court may adopt
the magistrate judge’s report without review. See Thomas, 474 U.S. at 149.
In this case, neither party has objected to the Magistrate Judge’s recommendation.
Additionally, having independently reviewed the record, the Court agrees with Magistrate Judge
Burke that the Administrative Law Judge failed to provide good reasons for not affording the opinion
of the Plaintiff’s treating physician controlling weight, and that the ALJ’s Step Five hypothetical did
not adequately incorporate the Plaintiff’s mental limitations. Accordingly, the Court ADOPTS in
whole Magistrate Judge Burke’s Report and Recommendation and incorporates it fully herein by
reference, REVERSES the Commissioner’s decision, and REMANDS this case for proceedings
consistent with the Report & Recommendation.
IT IS SO ORDERED.

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

Dated: August 13, 2012

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