Hutcherson v. Commissioner of Social Security

Filing 18

Memorandum Opinion: I adopt Judge Parker's Report and Recommendation in its entirety as the Order of the Court. The Commissioner's decision is vacated, and the matter remanded for further proceedings. re 16 Report and Recommendation. Judge Jeffrey J. Helmick on 3/26/2019. (SG,D)

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

Clinetta Hutcherson
on behalf of M.V.,

Case No. 3:18-cv-592
Plaintiff

v.

MEMORANDUM OPINION

Commissioner of Social Security,
Defendant
Before me is the Report and Recommendation of Magistrate Judge Thomas M. Parker filed
on January 28, 2019, in the above-entitled action. (Doc. No. 16). 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, 631-32 (6th Cir. 2001) (citation omitted); see also 28 U.S.C. §
636(b)(1) (effective Dec. 1, 2009); Fed. R. Civ. P. 72(b)(2). In this case, the fourteen-day period has
elapsed, and the Commissioner indicates she will not be filing objections. (Doc. No. 17).
Following review of Judge Parker’s Report and Recommendation, I adopt it in its entirety as
the Order of the Court. When arriving at the decision, the Administrative Law Judge failed to apply
proper legal standard, an error which was not harmless. Further, the decision was not supported by
substantial evidence. Therefore, the Commissioner’s decision is vacated, and the matter remanded
for further proceedings.
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge