Grant v. Commissioner of Social Security Administration

Filing 21

Order Adopting Report and Recommendation 19 and reversing the Commissioner's decision and remanding. Judge Lesley Wells (C,KA)

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

-----------------------------------------------------MONIQUE M. GRANT,

-vs-

COMMISSIONER OF SOCIAL
SECURITY,

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Plaintiff, :
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CASE NO. 1:12 CV 01159

ORDER ADOPTING THE
MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION AND
REVERSING THE COMMISSIONER'S
DECISION AND REMANDING

Defendant.
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UNITED STATES DISTRICT JUDGE LESLEY WELLS
Plaintiff Monique M. Grant seeks judicial review of the Commissioner of Social
Security’s final decision denying her claim for Disability Insurance Benefits. This matter
was automatically referred to United States Magistrate Judge George J. Limbert
pursuant to Local Civil Rule 72.2. In a Report and Recommendation dated 24 June
2013, the Magistrate Judge recommended that the Commissioner’s decision be
reversed and the case remanded for further proceedings. The parties were advised that
objections to the R&R were to be filed within fourteen days after having been served
with a copy of it, and that a failure to object may result in waiver of the right to appeal.
Pursuant to 28 U.S.C. § 636(b)(1), this Court makes a de novo determination of
those portions of the R&R to which a timely objection is made. “When no timely
objection is filed, the court need only satisfy itself that there is no clear error on the face

of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b) advisory
committee’s note.
In this instance, the Commissioner entered a response indicating that no
objection would be forthcoming. Therefore, the Court hereby accepts the Magistrate
Judge’s recommendation and reverses the Commissioner’s decision. This matter is
remanded for proceedings consistent with the Magistrate Judge’s Report and
Recommendation.

IT IS SO ORDERED.
/s/ Lesley Wells
UNITED STATES DISTRICT JUDGE
Date: 17 July 2013

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