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)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CHARLENE RENEE CARNEY,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION

Defendant.

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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

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