Ginley v. Commissioner of Social Security
Filing
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Memorandum of Opinion and Order For the reasons set forth herein, the Report and Recommendation of the Magistrate Judge, ECF No. 17 , is hereby adopted. The Court vacates 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 2/21/2018. (JLG)
PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
CHARMAINE GINLEY,
Plaintiff,
v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
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CASE NO. 1:17CV841
JUDGE BENITA Y. PEARSON
MEMORANDUM OF OPINION AND
ORDER
An Administrative Law Judge (“ALJ”) denied Plaintiff Charmaine Ginley’s applications
for a Period of Disability (“POD”) and Disability Insurance Benefits (“DIB”) 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 Jonathan D. Greenberg for preparation of a report and recommendation
pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). On January 31, 2018, the magistrate
judge submitted a Report (ECF No. 17) recommending that the Court vacate 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
filed within 14 days after service. On February 14, 2018, the Commissioner filed a Response to
(1:17CV841)
Magistrate Judge’s Report and Recommended Decision (ECF No. 18), 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 vacates 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.
February 21, 2018
Date
/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge
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