Urban v. Commissioner of Social Security

Filing 17

Memorandum Opinion and Order Adopting Report and Recommendation re 15 and remanding for further proceedings. 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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-----------------------------------------------------TIMOTHY P. URBAN,

CASE NO. 1:13 CV 1136

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 Timothy P. Urban 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 Nancy A. Vecchiarelli for a
Report and Recommendation ("R&R"), pursuant to Local Civil Rule 72.2(b). In her
R&R, Magistrate Judge Vecchiarelli recommended this Court remand the case,
because the Administrative Law Judge ("ALJ") erred when he failed to obtain vocational
expert testimony to support a step five finding.
The Commissioner has filed a response to the R&R indicating that she would not

be filing any objections. (#16). The Court accordingly adopts Magistrate Judge
Vecchiarelli’s R&R in its entirety and remand to the Commissioner for further
proceedings consistent with the R&R.

IT IS SO ORDERED.

/s/Lesley Wells
UNITED STATES DISTRICT JUDGE
Dated: 21 February 2014

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