Arthur v. Commissioner of Social Security

Filing 14

Order: The Magistrate Judge's R&R (Doc. 13 ) be, and the same hereby is, adopted as the order of this Court. Plaintiff's complaint (Doc. 1 ) be, and the same hereby is dismissed with prejudice. Judge James G. Carr on 2/28/17. (Attachments: # 1 R&R)(C,D)

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

Richard P. Arthur,

Case No. 3:16CV765
Plaintiff

v.

ORDER

Carolyn W. Colvin,
Acting Commissioner of Social Security,
Defendant

This is a Social Security case in which the plaintiff, Richard Arthur, appeals from the
Commissioner’s denial of his application for benefits.
An administrative law judge found that Arthur, though suffering from many severe
impairments, was nevertheless capable of performing a significant number of jobs that exist in the
national economy. (Doc. 9 at 31–32).
Pending is Magistrate Judge Greenberg’s Report and Recommendation (R&R), which
concluded that substantial evidence supports the ALJ’s decision. (Doc. 13). In particular, the
Magistrate Judge found that the ALJ properly applied the treating-physician rule, evaluated the
record as a whole, and adequately justified Arthur’s residual functional capacity. (Id. at 18–26).
Arthur did not object to the R&R and has thus waived his right to a “de novo determination
by the district court of an issue covered in the report.” Amison v. Legg, 2015 WL 853526, *1 (N.D.
Ohio) (Lioi, J.); see also Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th
Cir. 1987) (same).

It is, therefore,
ORDERED THAT:
1.

The Magistrate Judge’s R&R (Doc. 13) be, and the same hereby is, adopted as the
order of this Court; and

2.

Plaintiff’s complaint (Doc. 1) be, and the same hereby is dismissed with prejudice.

So ordered.
/s/ James G. Carr
Sr. U.S. District Judge

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