Luke-Reed v. Commissioner of Social Security

Filing 33

Order Adopting Report and Recommendation of the Magistrate Judge signed by Judge James S. Gwin on 8/29/12. Case remanded to the Administrative Law Judge for further proceedings. (Related Docs. 1 , 31 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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SHELLIE LUKE-REED,
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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-01346

OPINION & ORDER
[Resolving Docs. No. 1, 31, 32]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On June 30, 2011, Plaintiff Shellie Luke-Reed filed a complaint seeking judicial review of
the Defendant Commissioner of Social Security’s decision to deny her disability benefits. The
matter was referred to Magistrate Judge William H. Baughman, Jr. pursuant to Local Rule 72.2. On
August 10, 2012 Magistrate Judge Baughman issued a Report and Recommendation recommending
that the decision of the Commissioner is not supported by substantial evidence in the record and that
the Administrative Law Judge improperly denied Ms. Luke-Reed’s attorney the opportunity to
question the vocational expert. [Doc 31 at 12-15, 17-18]. Accordingly, Magistrate Judge Baughmen
recommended that the Commissioner’s decision be reversed and remanded for additional
proceedings. [Doc 31 at 18].
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
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Case No. 1:11-CV-1346
Gwin, J.
U.S.C. § 636(b)(1)(C). The Act grants parties fourteen days to file objections. Id. Failure to object
within this time waives a party’s right to appeal the district court’s judgment. FED . R. CIV . P. 72(a);
see also Thomas v. Arn, 474 U.S. 140, 145 (1985); United 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. Moreover,
having conducted its own review of the Report and Recommendation, record, and parties’ briefs, the
Court agrees with the recommendation of Magistrate Judge Baughman that the Court reverse and
remand the Commissioner’s decision.
Accordingly, the Court ADOPTS in whole Magistrate Judge Baughman’s Report and
Recommendation and incorporates it fully herein by reference, and REMANDS this case to the
Administrative Law Judge for further proceedings.

IT IS SO ORDERED

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

Dated: August 28, 2012

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JUDGE