Camacho v. Commissioner of Social Security

Filing 17

Memorandum Opinion and Order: The Court has reviewed Magistrate Judge Knepp's report and recommendation that the defendant's decision denying supplemental security income is not supported by substantial evidence, and accepts and adopts the same. (Doc. No. 15 .) Accordingly, the final decision of the Commissioner is reversed and remanded pursuant to Sentence Four of 42 U.S.C. Section 405(g). Judge Sara Lioi on 12/14/2017. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
EMELY CAMACHO,
PLAINTIFF,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
DEFENDANT.

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CASE NO. 1:17-cv-222
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 Emely Camacho (“plaintiff”) for supplemental security income
(“SSI”) be reversed and remanded pursuant to Sentence Four of 42 U.S.C. § 405(g). (See Doc. No.
15 (Report and Recommendation [“R&R”]) at 581-82.1) The defendant’s response states that it will
not be filing objections to the R&R. (Doc. No. 16.)

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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 that the
defendant’s decision denying SSI is not supported by substantial evidence, and accepts and adopts
the same. Accordingly, the final decision of the Commissioner is reversed and remanded pursuant to
Sentence Four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.

Dated: December 14, 2017
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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