Tucker v. Commissioner of Social Security

Filing 22

Memorandum of Opinion and Order For the reasons set forth herein, the Report and Recommendation of the Magistrate Judge, ECF No. 19 , is hereby adopted. The Court reverses 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 5/31/2019. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CAPRI TUCKER o/b/o PCW, JR.,
Plaintiff,
v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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CASE NO. 1:18CV1039

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER

An Administrative Law Judge (“ALJ”) denied Plaintiff Capri Tucker’s application for
supplemental security income (“SSI”) on behalf of her minor child, PCW, Jr., 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 the Court referred the case
to Magistrate Judge James R. Knepp II for preparation of a report and recommendation pursuant
to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). On May 15, 2019, the magistrate judge submitted
a Report (ECF No. 19) recommending that the Court reverse 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 May 29, 2019, the Commissioner filed a Response to
Magistrate Judge’s Report and Recommended Decision (ECF No. 21), stating that the

(1:18CV1039)
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 reverses 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.

May 31, 2019
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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