Harbin v. Commissioner of Social Security
Memorandum of Opinion and Order adopting report and recommendation vacating Commissioner's decision and remanding case to Commissioner for rehearing and a new decision(related docs 1 , 20 ). Judge Benita Y. Pearson on 6/9/2017.(C,KA)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
CHRISTOPHER J. HARBIN,
NANCY A. BERRYHILL,1
ACTING COMMISSIONER OF
CASE NO. 1:16CV1905
JUDGE BENITA Y. PEARSON
MEMORANDUM OF OPINION
AND ORDER RE: VACATING
An Administrative Law Judge (“ALJ”) denied Plaintiff Christopher J. Harbin’s
application for supplemental security income (“SSI”) after a hearing in the above-captioned case.
That decision became the final determination of the Commissioner of Social Security when the
Appeals Council denied the request to review the ALJ’s decision. The claimant sought judicial
review of the Commissioner’s decision, and this Court referred the case to Magistrate Judge
Thomas M. Parker for preparation of a report and recommendation pursuant to 28 U.S.C. § 636
and Local Rule 72.2(b)(1). On May 25, 2017, the magistrate judge submitted a Report and
Recommendation (ECF No. 20) recommending that the Court vacate the Commissioner’s
decision and remand the case to the Commissioner.
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
Carolyn W. Colvin was the original Defendant. She was sued in an official capacity as
a public officer. On January 23, 2017, Nancy A. Berryhill became the Acting Commissioner of
Social Security. Pursuant to Fed. R. Civ. P. 25(d), Berryhill’s name has been automatically
substituted as a party.
filed within 14 days after service. On June 8, 2017, the Commissioner filed a Response to
Magistrate Judge’s Report and Recommended Decision (ECF No. 21), which states that the
Commissioner will not be filing objections. Furthermore, Plaintiff has not filed any objections,
evidencing satisfaction with the magistrate judge’s recommendations. 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), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health
and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 94950 (6th Cir. 1981).
Accordingly, the Report and Recommendation of the magistrate judge is hereby adopted.
The Court will vacate the decision of the Commissioner of Social Security and remand this case
to the Commissioner for rehearing and a new decision.
IT IS SO ORDERED.
June 9, 2017
/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge
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