Watkins v. Commissioner of Social Security Administration
Filing
16
Opinion & Order signed by Judge James S. Gwin on 12/14/17. The Court adopts the Report and Recommendation of the Magistrate Judge, vacates the final decision of the Commissioner, and remands this case for further proceedings. (Related Docs. 1 and 14 ) (D,MA)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------CANDACE WATKINS,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
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CASE NO. 1:16-CV-2643
OPINION AND ORDER
[Resolving Doc. 1]
-----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Plaintiff Candace Watkins originally applied on June 11, 2012 for supplemental security
income on the basis of disability.1 Her claim was denied on September 7, 2012, and denied again
on reconsideration on May 15, 2013.2
Administrative Law Judge (“ALJ”) Pamela Loesel heard Watkins’s case on May 13, 2015,
and found Watkins not disabled in a November 2, 2015 decision.3 The Appeals Council denied
Watkins’s request for review, and Watkins brought this action to challenge the Social Security
Commissioner’s final decision.4
Magistrate Judge Thomas M. Parker originally considered this case. On November 22,
2017, Judge Parker issued a Report and Recommendation recommending that the final decision of
the Commissioner be vacated and Watkins’s case remanded because the ALJ “did not correctly
apply the applicable legal standards.”5
1
See Doc. 14-1 at 1.
Id.
3
Id.
4
Id.
5
Id.
2
Case No. 1:16-cv-2643
Gwin, J.
Objections to Magistrate Judge Parker’s Report and Recommendation were due by
December 6, 2017. The Commissioner chose not to file objections to the Report and
Recommendation.6
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a Report and Recommendation to which the parties have made an objection.7
Absent objection, a district court may adopt the Report and Recommendation without review.8
Because no party has objected to the Report and Recommendation, this Court may adopt
the Report and Recommendation without further review. Moreover, having conducted its own
review of the briefing and record, the Court agrees with the conclusions in the Report and
Recommendation.
Accordingly, the Court ADOPTS Magistrate Judge Parker’s Report and Recommendation
and incorporates it fully herein by reference. The Court VACATES the final decision of the
Commissioner and REMANDS this case for further proceedings consistent with Magistrate Judge
Parker’s Report and Recommendation.
IT IS SO ORDERED.
Dated: December 14, 2017
s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE
6
See Doc. 15.
28 U.S.C. § 636(b)(1).
8
Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b).
7
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