Seese v. Commissioner of Social Security

Filing 18

Opinion & Order Adopting in whole Magistrate Judge Limbert's Report and Recommendation. The Court thus VACATES the Commissioners denial of benefits and REMANDS this case to the Administrative Law Judge for further proceedings. Related document 16 . Signed by Judge James S. Gwin on 2/17/2017. (R,Sh)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------WILLIAM J. SEESE,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
Defendant.

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CASE NO. 1:16-CV-739

OPINION & ORDER
[Resolving Doc. 1]

-----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On April 25, 2012, Plaintiff William J. Seese applied for Disability Insurance Benefits
under the Social Security Act. 1 After his application was denied, McDonald requested that an
Administrative Law Judge (ALJ) consider his application. 2
On September 16, 2014, the ALJ issued a decision denying benefits to Plaintiff Seese. 3
The Appeals Council denied McDonald’s request for review. 4
On January 29, 2016, Plaintiff McDonald filed this complaint for wrongful denial of
disability benefits. 5 Consistent with Local Rule 72.2, the Court referred the matter to Magistrate
Judge George J. Limbert. On January 20, 2017, Magistrate Judge Limbert issued a Report and
Recommendation. 6 According to Magistrate Judge Limbert, the ALJ should have considered
Plaintiff’s depression when determining Plaintiff’s residual functional capacity to perform light
work, even though the depression itself was not a severe impairment. 7 Magistrate Judge Limbert

1

Doc. 11 at 209-18.
Id. at 66, 168-69.
3
Id. at 46-59.
4
Id. at 1-6.
5
Doc. 1.
6
Doc. 16
7
Id. at 20.
2

Case No. 1:16-CV-739
Gwin, J.
recommended that this Court vacate the Commissioner’s denial of disability benefits and remand
the case back to the ALJ for further proceedings. 8
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a Report and Recommendation to which the parties have made an objection. 9
On January 23, 2017, the Social Security Commissioner filed notice that the Social Security
Commissioner would not object to Magistrate Judge Limbert’s Report and Recommendation. 10
Absent objection, a district court may adopt the magistrate judge’s report without
review. 11 Moreover, having conducted its own review of the parties’ briefs in this case, the Court
agrees with the conclusions of Magistrate Judge Limbert.
Accordingly, the Court ADOPTS in whole Magistrate Judge Limbert’s findings of fact
and conclusions of law and incorporates them fully herein by reference. The Court thus
VACATES the Commissioner’s denial of benefits and REMANDS this case to the
Administrative Law Judge for further proceedings.

IT IS SO ORDERED.

Dated: February 17, 2017

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

8

Id. at 24.
28 U.S.C. § 636(b)(1)(C).
10
Doc. 17.
11
Thomas v. Arn, 474 U.S. 140, 149 (1985).
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