Winning v. Commissioner of Social Security

Filing 10

Report and Recommended Decision.This defendant has moved to remand this action pursuant to the sixth sentence of 42 U.S.C. 405(g) for the reason that "significant portions of the claim file, including the recording of the (denovo evidentiary) hearing held on January 11, 2007" cannot be located. It is recommended that this motion re 9 be granted. Objections to R&R due by 2/27/2008. Signed by Magistrate Judge David S. Perelman on 2/13/08. (W,Jo)

Winning v. Commissioner of Social Security

Doc. 10

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Shelby Winning, Plaintiff v. Commissioner of Social Security, Defendant

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Case No. 5:07CV3688 Judge Kathleen O'Malley Magistrate Judge David S. Perelman REPORT AND RECOMMENDED DECISION

This defendant has moved to remand this action pursuant to the sixth sentence of 42 U.S.C. §405(g) for the reason that "significant portions of the claim file, including the recording of the [de novo evidentiary] hearing held on January 11, 2007" cannot be located. It is recommended that this motion be granted.

s/DAVID S. PERELMAN United States Magistrate Judge DATE: February 13, 2008 OBJECTIONS Any objections to this Report and Recommended Decision must be filed with the Clerk of Courts within ten (10) days of receipt of this notice. Failure to file objections within the specified time waives the right to appeal the District Court's order. See, United States v. Walters, 638 F.2d 947 (6th Cir. 1981). See, also, Thomas v. Arn, 474 U.S. 140 (1985), reh'g denied, 474 U.S. 1111 (1986).

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