Phelps v. Commissioner of Social Security Administration

Filing 13

Memorandum of Opinion and Order For the reasons set forth herein, the 11 Report and Recommendation of the Magistrate Judge is adopted. The Commissioner's decision denying Supplemental Security Income is reversed and the matter is remanded for proceedings consistent with the recommendation. Judge Benita Y. Pearson on 1/18/2023. (JLG)

Case: 1:21-cv-02295-BYP Doc #: 13 Filed: 01/18/23 1 of 2. PageID #: 1050

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
WILFORD PHELPS,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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CASE NO. 1:21-CV-2295
JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER
[Regarding ECF No. 11]

On November 15, 2022, the assigned magistrate judge issued a Report and
Recommendation suggesting that the Commissioner’s decision denying Plaintiffs application for
Supplemental Security Income be reversed and the case be remanded for additional proceedings
consistent with this recommendation. See ECF No. 11.
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a Report and Recommendation to which the parties have made an objection. 28
U.S.C. § 636(b)(1)(C). Parties must file any objections to a Report and Recommendation within
fourteen days of service. Id.; Fed. R. Civ. Pro. 72(b)(2). Failure to object within this time waives
a party’s right to appeal the district court’s judgment. Thomas v. Arn, 474 U.S. 140, 145 (1985);
United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court
may adopt a magistrate judge’s report without review. See Thomas, 474 U.S. at 149.
In the instant case, objections to the Report and Recommendation were due by November
29, 2022. No party has not filed an Objection, and Defendant’s Response indicated that there

Case: 1:21-cv-02295-BYP Doc #: 13 Filed: 01/18/23 2 of 2. PageID #: 1051
(1:21-CV-2295)
would be no objections filed. See ECF No. 12. Accordingly, the Court adopts the Report and
Recommendation. ECF No. 11. The Commissioner’s decision denying Supplemental Security
Income is reversed and the matter is remanded for proceedings consistent with the
recommendation.

IT IS SO ORDERED.
January 18, 2023
Date

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

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