Yocklin v. Commissioner of Social Security

Filing 25

Memorandum Opinion and Order: the Court adopts the Report and Recommendation in its entirety as the Order of the Court. The Commissioner's decision of no disability is not supported by substantial evidence. Accordingly, the decision of the Commissioner is reversed and the matter remanded for further proceedings. re 23 . Judge Jeffrey J. Helmick on 12/11/2014. (S,AL)

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

Andrew E. Yocklin,

Case No. 3:14 cv 191
Plaintiff

v.

MEMORANDUM OPINION
AND ORDER

Commissioner of Social Security,
Defendant
Before the Court is the Report and Recommendation of the Magistrate Judge filed on
November 20, 2014, in the above-entitled action. (Doc. No. 23). Under the relevant statute:
Within fourteen (14) days after being served a copy of these proposed Findings and
Recommendation, any party who wishes to object must file and serve
written objections or further appeal is waived.
United States v. Campbell, 261 F.3d 628 (6th Cir. 2001) (citation omitted); see also 28 U.S.C.A. §
636(b)(1).
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).
In this case, the fourteen day period has elapsed and the Commissioner indicates she will not
be filing objections. (Doc. No. 24).
Following review of the Magistrate Judge’s Report and Recommendation, the Court adopts
the Report and Recommendation in its entirety as the Order of the Court. The Commissioner’s

decision of no disability is not supported by substantial evidence. Accordingly, the decision of the
Commissioner is reversed and the matter remanded for further proceedings.

So Ordered.
s/ Jeffrey J. Helmick
United States District Judge

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