Rammel v. Commissioner of Social Security

Filing 22

Memorandum Opinion and Order: I hereby adopt and affirm the Report and Recommendation in full as the Order of the Court. The Commissioner's decision regarding Rammel's applications for SSI and DIB are reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g); instructions consistent with the R & R (Doc. No. 20). Judge Jeffrey J. Helmick on 9/23/2013. (S,AL)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

Kurtis Lee Rammel,

Case No. 3:12-cv-02078
Plaintiff

v.
MEMORANDUM OPINION
AND ORDER
Commissioner of Social Security,
Defendant

Pending before me is Magistrate Judge Vernelis K. Armstrong’s Report and
Recommendation (Doc. No. 20) and Defendant’s response thereto. In her Report, Magistrate Judge
Armstrong found remand appropriate because the ALJ improperly evaluated the testimony of Drs.
O’Neill and Gaerke under the treating physician rule and insufficiently determined whether Rammel
could perform other work given his age, education, and past work experience. (Id. at 25, 27). On
July 8, 2013, the Commissioner indicated she would not be filing an objection to the R & R. (Doc.
No. 21).
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). In this case, the fourteen day period has elapsed and as the Commissioner
indicated, no objections have been filed.

The failure to file written objections to the Magistrate Judge’s report and recommendation
constitutes a waiver of a determination by the district court of an issue covered in the report.
Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); see also United States v. Walters,
638 F.2d 947 (6th Cir. 1981).
After review of Magistrate Judge Armstrong’s Report and Recommendation, I hereby adopt
and affirm the Report and Recommendation in full as the Order of the Court. The Commissioner’s
decision regarding Rammel’s applications for SSI and DIB are reversed and remanded pursuant to
sentence four of 42 U.S.C. § 405(g); instructions consistent with the R & R (Doc. No. 20).
So Ordered.

s/ Jeffrey J. Helmick
United States District Judge

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