Hutchinson v. Commissioner Social Security Administration

Filing 23

Memorandum of Opinion and Order For the reasons set forth herein, the Court adopts the Magistrate Judge's Report and Recommendation, ECF No. 21 . The Court will vacate the decision of the Commissioner of Social Security and remand this case to the Commissioner for rehearing and a new decision. Judge Benita Y. Pearson on 12/21/2016. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CHARLOTTE HUTCHINSON,
on behalf of T.H.
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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CASE NO. 1:16CV38

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER

An Administrative Law Judge (“ALJ”) denied Plaintiff Charlotte Hutchinson’s
application for Supplemental Security Income, made on behalf of her grandson, T.H., after a
hearing in the above-captioned case. That decision became the final determination of the
Commissioner of Social Security when the Appeals Council denied the request to review the
ALJ’s decision. The claimant sought judicial review of the Commissioner’s decision, and this
Court referred the case to Magistrate Judge Thomas M. Parker for preparation of a Report and
Recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). The Magistrate Judge
submitted a Report (ECF No. 21), recommending that the Court vacate the Commissioner’s
decision and remand the case to the ALJ for evaluation of T.H.’s treating physician’s opinion and
analysis of T.H’s domains of functioning. ECF No. 21 at PageID #: 470–84).
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
filed within 14 days after service. On December 5, 2016, the Commissioner filed a Response to

(1:16CV38)
the Report and Recommended Decision (ECF No. 22), which states that the Commissioner will
not be filing objections. Furthermore, Plaintiff has not filed any objections, evidencing
satisfaction with the Magistrate Judge’s recommendations. Any further review by this Court
would be a duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728
F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human
Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir.
1981).
Accordingly, the Court adopts the Magistrate Judge’s Report and Recommendation. The
Court will vacate the decision of the Commissioner of Social Security and remand this case to
the Commissioner for rehearing and a new decision.

IT IS SO ORDERED.

December 21, 2016
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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