Williams v. Commissioner of Social Security

Filing 20

Memorandum of Opinion and Order Adopting the Report and Recommendation re 18 of the Magistrate Judge. The decision of the Commissioner is vacated and the case is remanded to the Social Security Administration. Judge John R. Adams on 4/7/17. (K,C)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CALVIN WILLIAMS,
Plaintiff,
-vsCOMMISSIONER
OF SOCIAL SECURITY
Defendant.

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CASE NO. 1:16-cv-00856-JRA
JUDGE JOHN R. ADAMS

MEMORANDUM OF OPINION
AND ORDER

The Social Security Administration denied Plaintiff’s application for Supplemental
Security Income under Title XVI of the Social Security Act (42 U.S.C. § 1381 et seq.) and for a
Period of Disability and Disability Insurance benefits under Title II of the Social Security Act (42
U.S.C. §§416(i) and 423) in the above-captioned case. Plaintiff sought judicial review of the
Commissioner’s decision, and the case was referred to Magistrate Judge Jonathan D. Greenberg
for preparation of a Report and Recommendation pursuant to 28 U.S.C. § 636 and Local Rules
72.2(b)(1). The Magistrate Judge submitted a report and recommendation (Doc. 18) that this Court
VACATE the decision of the Commissioner and REMAND the case back to the Social Security
Administration.
Fed. R. Civ. P. 72(b) provides that the parties may object to a report and recommendation
within fourteen (14) days after service. To date, no objections have been filed. In fact, on February
7, 2017, the Commissioner filed a response to the Report and Recommendation whereby the
Commissioner confirmed that she would not file objections. As such, 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); Howard v. Sec’y of Health and Human Servs., 932 F.2d 505 (6th
Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
Accordingly, the Report and Recommendation of the Magistrate Judge is hereby adopted.
The decision of the Commissioner is VACATED, and the case is REMANDED back to the Social
Security Administration.
IT IS SO ORDERED.
Dated: April 7, 2017

/s/ John R. Adams
UNITED STATES DISTRICT JUDGE