Hutchinson v. Commissioner of Social Security

Filing 22

Opinion and Order adopting Report and Recommendation. (Doc. No. 20 .) The final decision of the Commissioner denying plaintiff's application for Supplemental Security Income benefits and Disability Insurance benefits is vacated, and this matter is remanded to the Commissioner for further proceedings consistent with this opinion. Judge Sara Lioi on 6/23/2016. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
CHARLENE HUTCHINSON,
PLAINTIFF,
vs.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
DEFENDANT.

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CASE NO. 1:15-cv-1144
JUDGE SARA LIOI
OPINION AND ORDER

Before the Court is the report and recommendation of Magistrate Judge Thomas Parker,
recommending that that the final decision of the Commissioner of Social Security denying plaintiff’s
application for Supplemental Security Income benefits and Disability Insurance benefits under Title
XVI of the Social Security Act be vacated, and the matter remanded for further proceedings pursuant
to 42 U.S.C. § 405(g). (Doc. No. 20 (Report and Recommendation [“R&R”]).)
Under the relevant statute:
Within fourteen days after being served with a copy, any party may serve and file
written objections to such proposed findings and recommendations as provided by
rules of court. A judge of the court shall make a de novo determination of those
portions of the report or specified proposed findings or recommendations to which
objection is made.
28 U.S.C. ' 636(b)(1)(C).
The government has filed a response to the R&R, stating that the defendant Commissioner
will not be filing objections to the R&R. (Doc. No. 21.) The failure to file written objections to the

report and recommendation of a magistrate judge constitutes a waiver of a de novo determination by
the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984),
aff=d, 474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed Magistrate Judge Parker’s report and recommendation, and accepts
and adopts the same. Accordingly, the final decision of the Commissioner denying plaintiff’s
application for Supplemental Security Income benefits and Disability Insurance benefits is
VACATED, and this matter is REMANDED to the Commissioner for further proceedings consistent
with this opinion.
IT IS SO ORDERED.

Dated: June 23, 2016
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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