Rhone v. Commissioner Social Security

Filing 19

Memorandum Opinion and Order The 17 report and recommendation of the Magistrate Judge is hereby adopted. The Court reverses the decision of the Commissioner of Social Security and remands this case to the Commissioner so that an Administrative Law Judge may obtain the testimony of a vocational expert upon which to base a finding at step five of the sequential evaluation of the evidence. Judge Benita Y. Pearson on 8/22/2012. (S,L)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
RONALD C. RHONE,
Plaintiff,
v.
MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CASE NO. 1:11CV2428

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER

An Administrative Law Judge (“ALJ”) denied Plaintiff Ronald C. Rhone’s applications
for Supplemental Security Income and Disability Insurance Benefits after a hearing in the
above-captioned case. That decision became the final determination of the Commissioner of
Social Security when the Appeals Council denied the request to review the ALJ’s decision. The
claimant sought judicial review of the Commissioner’s decision, and this Court referred the case
to Magistrate Judge Nancy A. Vecchiarelli for preparation of a report and recommendation
pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). The Magistrate Judge submitted a
Report and Recommendation (ECF No. 17) recommending that the Court reverse the
Commissioner’s decision and remand the case so that an ALJ may obtain the testimony of a
vocational expert upon which to base a step five finding. Id. at 21.
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
filed within 14 days after service. On August 20, 2012, the Commissioner filed a Response to

(1:11CV2428)
the Report and Recommendation (ECF No. 18), which states that the Commissioner will not be
filing objections. Furthermore, Plaintiff has not filed any objections, evidencing satisfaction
with the Magistrate Judge’s recommendations. Any further review by this Court would be a
duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813
(6th Cir. 1984), aff’d, 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, 949-50 (6th Cir. 1981).
Accordingly, the report and recommendation of the Magistrate Judge is hereby adopted.
The Court reverses the decision of the Commissioner of Social Security and remands this case to
the Commissioner so that an ALJ may obtain the testimony of a vocational expert upon which to
base a finding at step five of the sequential evaluation of the evidence.

IT IS SO ORDERED.

August 22, 2012
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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