Cotto v. Commissioner of Social Security Administration

Filing 14

Order Adopting Report and Recommendation. For the reasons stated in the Order, the Court adopts the Magistrate Judge's Report and Recommendation, Doc. # 13 , in full, reverses the Commissioner's decision, and remands Plaintiff's case to the Social Security Administration for further proceedings consistent with this Order and the R & R. Signed by Judge Dan Aaron Polster on 4/18/2017. (K,K)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

YELITZA COTTO,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION

Defendant.

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CASE NO. 1:16-cv-01646-DAP
JUDGE DAN AARON POLSTER
ORDER ADOPTING REPORT
AND RECOMMENDATION

Before the Court is the Report and Recommendation of Magistrate Judge David A. Ruiz
(“R & R”), Doc #. 13, issued on April 3, 2017,1 which recommends that the Court reverse the
Commissioner’s decision and remand the matter.
Under the relevant statute,
Within fourteen days after being served with a copy, any party may
serve and file written objections to such proposed findings and
recommendations as provided by rules of court. A judge of the court
shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection
is made.

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The R & R is dated Friday, March 31 but was docketed on Monday, April 3.

28 U.S.C. § 636(b)(1). However, where a party fails to object, a district court is not required to
conduct any review, de novo or otherwise, of the report and recommendations of a magistrate
judge. Thomas v. Arn, 474 U.S. 140, 149–50 (1985). The failure to file written objections also
results in a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474
U.S. 140 (1985).
Here, any objections to the R & R were due on April 17, 2017. The time for objection
has thus passed, and no objections have been filed. Nonetheless, the Court has reviewed the
Magistrate Judge’s thorough R & R. The Court agrees with the Magistrate Judge that the ALJ
has failed to articulate reasons, with sufficient clarity to allow meaningful appellate review, for
rejecting the treating physician’s opinions.
Accordingly, the Court ADOPTS the Magistrate Judge’s R & R, Doc. # 13, in full,
REVERSES the Commissioner’s decision, and REMANDS Plaintiff’s case to the Social
Security Administration for further proceedings consistent with this Order and the R & R.
IT IS SO ORDERED.
/s/ Dan A. Polster Apr. 18, 2016
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE

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