Matthews v. Commissioner of Social Security Administration

Filing 13

Order Adopting Report and Recommendation. For the reasons stated in the Order, the Court Adopts the Report and Recommendation, Doc #: 12 , in full and dismisses the case. Signed by Judge Dan Aaron Polster on 7/9/2018. (K,K)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

NICOLE MATTHEWS,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Comm=r of Soc. Sec.,
Defendant.

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CASE NO. 1:17-cv-01544-DAP
JUDGE DAN AARON POLSTER
ORDER ADOPTING REPORT
AND RECOMMENDATION

Before the Court is the Report and Recommendation of Magistrate Judge David Ruiz
(AR & R@), Doc #. 12, which recommends that the Court affirm the Commissioner=s final
decision. The R & R was filed on June 19, 2018. It is now July 9, 2018, and no objections to the
R & R have been filed.
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). The failure to timely file written objections to a Magistrate Judge=s R & R
constitutes a waiver of the right to obtain a de novo review of the R & R in the district court.
United States v. Walters, 638 F.2d 947, 949B50 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140,
149B50 (1985). The failure to file written objections also results in a waiver of the right to
appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff=d, 474 U.S. 140 (1985).
Here, the time for objection has passed and no objections have been filed. Nonetheless,
the Court has reviewed the Magistrate Judge=s thorough R & R. The Court agrees with the
Magistrate Judge that the ALJ properly considered the treating physicians statements and
articulated good reasons for not adopting his opinions. Additionally, the treating physicians
unexplained checklist/checkbox opinions did not sufficiently support significant
standing/walking and lifting restrictions assessed. Consequently, the Court agrees with the
Magistrate Judge that the Commissioner=s final decisions should be affirmed.
Accordingly, the Court ADOPTS the R & R, Doc. # 12, in full and DISMISSES the
above-captioned case.
IT IS SO ORDERED.
/s/ Dan A. Polster
July 9, 2018
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE