Day v. Commissioner of Social Security Administration

Filing 19

Memorandum Opinion and Order Adopting Report and Recommendation 17 in its entirety. The final decision of the Commissioner is vacated and the case is remanded for further proceedings consistent with the R&R. Judge Lesley Wells (C,KA)

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

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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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-----------------------------------------------------JOHN DAY,

CASE NO. 1:13 CV 774

MEMORANDUM OF OPINION AND
ORDER ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AND
REMANDING FOR FURTHER
PROCEEDINGS

UNITED STATES DISTRICT JUDGE LESLEY WELLS
Plaintiff John Day challenges the Commissioner of Social Security's
("Commissioner") denial of his application for a Period of Disability (“POD”) and
Disability Insurance Benefits (“DIB”). (Docket No. 1, Complaint). This matter was
automatically referred to United States Magistrate Judge Greg White for a Report and
Recommendation ("R&R"), pursuant to Local Civil Rule 72.2(b). In his R&R, Magistrate
Judge White recommended this Court remand the case, because the final decision of
the Commissioner was not supported by substantial evidence.
On 7 April 2014, the Commissioner filed a response to the R&R indicating that
she would not be filing any objections. (#18). The Court accordingly adopts Magistrate

Judge White’s R&R in its entirety. The final decision of the Commissioner is vacated
and the case is remanded for further proceedings consistent with the R&R.

IT IS SO ORDERED.

/s/Lesley Wells
UNITED STATES DISTRICT JUDGE
Dated: 16 April 2014

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