Owens v. Commissioner of Social Security

Filing 25

Opinion & Order signed by Judge James S. Gwin on 7/17/17. The Court adopts the Report and Recommendation of the Magistrate Judge, reverses the Administrative Law Judge's denial of benefits, and remands the case for further administrative proceedings. (Related Docs. 1 and 23 ) (D,MA)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------HERBET C. OWENS, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : : : CASE NO. 1:16-CV-1220 OPINION & ORDER [Resolving Docs. 1, 23] -----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On May 20, 2016, Plaintiff Herbert C. Owens sued to reverse the denial of his disability insurance benefits application.1 On June 30, 2017, Magistrate Judge William H. Baughman, Jr., recommended reversal of the Commissioner’s decision and recommended the application be remanded for further administrative proceedings.2 Defendant Commissioner of Social Security does not object.3 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.4 Failure to timely object waives a party’s right to appeal the magistrate’s report. 5 Absent objection, a district court may adopt the magistrate judge’s report without review.6 Moreover, having conducted its own review of the complaint and record, the Court agrees with the conclusions in the Report and Recommendation. 1 Doc. 1. The Commissioner of Social Security answered. Doc. 9. Doc. 20. 3 Doc. 24. 4 28 U.S.C. § 636(b)(1)(C). 5 Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). 6 See Thomas, 474 U.S. at 149. 2 Case No. 1:16-CV-1220 Gwin, J. Therefore, this Court ADOPTS the Magistrate Judge’s Recommendation, REVERSES the ALJ’s denial of benefits, and REMANDS the case for further administrative proceedings. IT IS SO ORDERED. Dated: July 17, 2017 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

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