Pacley v. Commissioner of Social Security

Filing 20

Memorandum of Opinion and Order For the reasons set forth herein, the Report and Recommendation of the Magistrate Judge (ECF No. 18 ) is hereby adopted. The Court reverses the decision of the Commissioner of Social Security and remands this case to the Commissioner for rehearing and a new decision. Judge Benita Y. Pearson on 7/17/2017. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
STEPHANIE PACLEY,
Plaintiff,
v.
NANCY A. BERRYHILL,1
ACTING COMMISSIONER OF
SOCIAL SECURITY
Defendant.

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CASE NO. 1:16CV2329
JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER

An Administrative Law Judge (“ALJ”) denied Plaintiff Stephanie Pacley’s application for
disability insurance benefits (“DIB”) and 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 Kathleen B. Burke for preparation of a report and recommendation pursuant
to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). On June 30, 2017, the magistrate judge submitted
a Report (ECF No. 18) recommending that the Court reverse 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
1

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.

(1:16CV2329)
filed within 14 days after service. On July 13, 2017, the Commissioner filed a Response to
Magistrate Judge’s Report and Recommended Decision (ECF No. 19), stating 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, 949-50
(6th Cir. 1981).
Accordingly, the Report and Recommendation of the magistrate judge is hereby adopted.
The Court reverses the decision of the Commissioner of Social Security and remands this case to
the Commissioner for rehearing and a new decision.

IT IS SO ORDERED.

July 17, 2017
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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