Morabito v. Commissioner of Social Security

Filing 17

Memorandum Opinion and Order: The Court has reviewed Magistrate Judge Greenberg's report and recommendation and accepts and adopts the same. (Doc. No. 15 .) Accordingly, the final decision of the Commissioner is vacated and this matter is remanded to the Commissioner for further proceedings consistent with this Court's ruling. Judge Sara Lioi on 8/15/2017. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
CHRISTINE MORABITO,
PLAINTIFF,
vs.
COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
DEFENDANT.

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CASE NO. 1:16-cv-2414
JUDGE SARA LIOI
MEMORANDUM OPINION AND
ORDER

Before the Court is the report and recommendation of Magistrate Judge Jonathan Greenberg,
recommending that the decision of the Commissioner of Social Security (“Commissioner”) denying
the applications of plaintiff Christine Morabito (“plaintiff”) for Period of Disability (“POD”) and
Disability Insurance Benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 416(i)
and 423 et seq. (“Act”), be vacated and remanded for further proceedings. (Doc. No. 15 (Report and
Recommendation [“R&R”]) at 1105.1) The Commissioner’s response states that the defendant will
not be filing objections to the R&R. (Doc. No. 16.)

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All references to page numbers are to the page identification numbers generated by the Court’s electronic filing system.

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)(C).
The failure to file written objections to the report and recommendation of a magistrate judge
constitutes a waiver of a de novo determination by the district court of an issue covered in the report.
Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff=d, 474 U.S. 140 (1985); see United States v.
Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed Magistrate Judge Greenberg’s report and recommendation and
accepts and adopts the same. Accordingly, the final decision of the Commissioner is vacated and this
matter is remanded to the Commissioner for further proceedings consistent with this Court’s ruling.
IT IS SO ORDERED.

Dated: August 15, 2017
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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