Lucas v. Commissioner of Social Security Administration

Filing 18

Opinion and Order signed by Judge James S. Gwin on 1/10/22. The Court ADOPTS Judge Clays Report and Recommendation, incorporating it fully herein by reference, REVERSES the Commissioners final decision, and REMANDS this case consistent with the Report and Recommendation. re 1 Complaint, 17 Report and Recommendation (T,A)

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Case: 1:20-cv-01791-JG Doc #: 18 Filed: 01/10/22 1 of 2. PageID #: 1049 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO CHRISTOPHER P. LUCAS, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. : : : : : : : : : : : : CASE NO. 1:20-cv-01791 OPINION & ORDER [Resolving Doc. 1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Christopher Lucas seeks judicial review of the Defendant Commissioner of Social Security final decision denying Supplemental Security Income. On November 30, 2021, Magistrate Judge Darrell A. Clay recommended that the Court reverse and remand the Commissioner’s decision.1 Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of a Report and Recommendation to which the parties have objected.2 Absent objection, a district court may adopt a Report and Recommendation without review.3 Here, no party has objected to the Report and Recommendation, so this Court may adopt the Report and Recommendation without further review. Moreover, having conducted its own review of the petition and record, the Court agrees with Judge Clay’s 1 Doc. 17. 28 U.S.C. § 636(b)(1). 3 Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b). 2 Case: 1:20-cv-01791-JG Doc #: 18 Filed: 01/10/22 2 of 2. PageID #: 1050 Case No. 1:20-cv-01791 Gwin, J. findings that the ALJ decision failed to adequately consider the opinion of Lucas’s treating physician. Accordingly, the Court ADOPTS Judge Clay’s Report and Recommendation, incorporating it fully herein by reference, REVERSES the Commissioner’s final decision, and REMANDS this case consistent with the Report and Recommendation. IT IS SO ORDERED. s/ Dated: January 10, 2022 James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

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