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)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------WILLIAM J. SEESE, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendant. : : : : : : : : : : : : 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). 9 -2-

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