Dominguez v. Commissioner of Social Security

Filing 22

Memorandum Opinion and Order: The Court has reviewed Magistrate Judge Knepp's report and recommendation and accepts and adopts the same. Accordingly, the final decision of the Commissioner is reversed and vacated, and this matter is remanded pursuant to Sentence Four of 42 U.S.C. Section 405(g) for further proceedings consistent with this Court's ruling. (Related Doc. No. 20 ). Judge Sara Lioi on 11/29/2017. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
VELVIE L. DOMINGUEZ,
PLAINTIFF,
vs.
COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
DEFENDANT.

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CASE NO. 1:16-cv-2769
JUDGE SARA LIOI
MEMORANDUM OPINION AND
ORDER

Before the Court is the report and recommendation of Magistrate Judge James Knepp,
recommending that the decision of the defendant Commissioner of Social Security (“defendant”)
denying the application of plaintiff Velvie Dominquez (“plaintiff”) for and Disability Insurance
Benefits (“DIB”) be reversed and remanded for further proceedings pursuant to Sentence Four of 42
U.S.C. § 405(g). (Doc. No. 20 (Report and Recommendation [“R&R”]) at 1349.1) The defendant’s
response states that it will not be filing objections to the R&R. (Doc. No. 21.)

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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 Knepp’s report and recommendation and accepts
and adopts the same. Accordingly, the final decision of the Commissioner is reversed and vacated,
and this matter is remanded pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings
consistent with this Court’s ruling.
IT IS SO ORDERED.

Dated: November 29, 2017
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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