Cosiano v. Commissioner of the Social Security Administration

Filing 18

Opinion and Order signed by Judge James S. Gwin on 5/6/22. The Court ADOPTS Judge Parker's Report and Recommendation, incorporating it fully herein by reference, VACATES the Commissioner's final decision, and REMANDS this case consistent with the Report and Recommendation. re 1 Complaint, 16 Report and Recommendation (T,A)

Case: 1:21-cv-00610-JG Doc #: 18 Filed: 05/06/22 1 of 2. PageID #: 1668

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

JANE A. COSIANO,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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CASE NO. 1:21‐cv‐00610
OPINION & ORDER
[Resolving Doc. 16]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Plaintiff Jane A. Cosiano seeks judicial review of the Defendant Commissioner of
Social Security final decision denying her applications for disability insurance benefits and
supplemental security income. On April 19, 2022, Judge Thomas M. Parker recommended
that the Court vacate the Commissioner’s decision and remand the case for further
consideration.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, the Government informed the Court that it had declined to file objections,4 so
this Court may adopt the Report and Recommendation without further review. Moreover,

1

Doc. 16.
28 U.S.C. § 636(b)(1).
3
Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b).
4
Doc. 17.
2

Case: 1:21-cv-00610-JG Doc #: 18 Filed: 05/06/22 2 of 2. PageID #: 1669
Case No. 1:21-cv-00610
Gwin, J.
having conducted its own review of the petition and record, the Court agrees with Judge
Parker’s determinations.
Accordingly, the Court ADOPTS Judge Parker’s Report and Recommendation,
incorporating it fully herein by reference, VACATES the Commissioner’s final decision, and
REMANDS this case consistent with the Report and Recommendation.
IT IS SO ORDERED.

s/

Dated: May 6, 2022

James S. Gwin

JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

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