Carney v. Commissioner of Social Security

Filing 19

Order Adopting Report and Recommendation ("R&R"). For the reasons stated in the Order, the Court ADOPTS the Magistrate Judge's R & R, Doc. # 18 , in full, VACATES the Commissioners 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 6/27/2017. (K,K)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CHARLENE RENEE CARNEY, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION Defendant. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:16-cv-02136-DAP JUDGE DAN AARON POLSTER ORDER ADOPTING REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of Magistrate Judge Jonathan D. Greenberg (“R & R”), Doc #. 18, issued on June 9, 2017, which recommends that the Court vacate the Commissioner’s final 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. 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 June 23, 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 good reasons for affording Dr. Gross’s opinion less than controlling weight. Accordingly, the Court ADOPTS the Magistrate Judge’s R & R, Doc. # 18, in full, VACATES 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 June. 27, 2017 DAN AARON POLSTER UNITED STATES DISTRICT JUDGE -2-

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