Mayo v. Commissioner of Social Security Administration

Filing 17

Opinion and Order signed by Judge James S. Gwin on 12/7/12 adopting the Report and Recommendation of the Magistrate Judge. (Related Doc. 14 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
------------------------------------------------------:
CASSANDRA MAYO,
:
:
Plaintiff,
:
:
vs.
:
:
MICHAEL J. ASTRUE,
:
Commissioner of Social Security,
:
:
Defendant.
:
-------------------------------------------------------

CASE NO. 1:11-CV-2748

OPINION & ORDER
[Resolving Doc. Nos. 1 & 14]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Plaintiff Cassandra Mayo challenges the final decision of the Commissioner of Social
Security, denying the Plaintiff’s claim for Supplemental Security Income under Title XVI of the
Social Security Act, 42 U.S.C. § 1381 et seq. [Doc. 1.] Specifically, Plaintiff Mayo asserts three
assignments of error, all revolving around the argument that the Administrative Law Judge
(“ALJ”) failed to properly evaluate and weigh the medical source opinions.
This matter was referred to Magistrate Judge McHargh pursuant to Local Rule 72.2. On
January 20, 2010, the case was reassigned to Magistrate Judge Burke. On November 5, 2012,
Magistrate Judge Burke issued a Report and Recommendation that recommended that this case
be remanded because the ALJ failed to consider Mayo’s depression in assessing her Residual
Functional Capacity (“RFC”). [Doc. 14.]
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
-1-

Case No. 1:11-CV-2748
Gwin, J.
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 district court’s judgment. 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 and the
Defendant has specifically noted that it does not object. [Doc. 16.] Moreover, having conducted
its own review of the record and the parties’ briefs in this case, the Court agrees with the
conclusions of Magistrate Judge Burke.
Accordingly, the Court ADOPTS in whole Magistrate Judge Burke’s Report and
Recommendation and incorporates it fully herein by reference, and REVERSES and
REMANDS the decision of the Commissioner of Social Security.

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

Dated: December 7, 2012

-2-