Wright v. Commissioner Social Security Administration

Filing 18

Memorandum of Opinion and Order For the reasons set forth herein, the Report and Recommendation of the Magistrate Judge is hereby adopted (ECF No. 16 ). The Court will reverse the decision of the Commissioner of Social Security and remand this case to the Commissioner for rehearing and a new decision. Judge Benita Y. Pearson on 7/28/2015. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

SHARI A. WRIGHT,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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CASE NO. 5:14CV1609

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER

An Administrative Law Judge (“ALJ”) denied Plaintiff Shari A. Wright’s applications for
Disability Insurance Benefits and Supplemental Security Income after a hearing in the
above-captioned case. That decision became the final determination of the Commissioner of
Social Security when the Appeals Council denied the request to review the ALJ’s decision. The
claimant sought judicial review of the Commissioner’s decision, and this Court referred the case
to Magistrate Judge George J. Limbert for preparation of a report and recommendation pursuant
to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). The Magistrate Judge submitted a Report &
Recommendation (ECF No. 16) recommending that the Court reverse the Commissioner’s
decision and remand the case to the ALJ for evaluation and analysis of Plaintiff’s fibromyalgia
and the March 26, 2013 opinion of Plaintiff’s treating physician, Barbara Lohmeyer, DO (ECF
No. 11 at PageID #: 690-92).

(5:14CV1609)
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
filed within 14 days after service. On July 22, 2015, the Commissioner filed a Response to the
Report and Recommended Decision (ECF No. 17), which states that the Commissioner will not
be filing objections. Furthermore, Plaintiff has not filed any objections, evidencing satisfaction
with the Magistrate Judge’s recommendations. Any further review by this Court would be a
duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813
(6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services,
932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
Accordingly, the report and recommendation of the Magistrate Judge is hereby adopted.
The Court will reverse the decision of the Commissioner of Social Security and remand this case
to the Commissioner for rehearing and a new decision.

IT IS SO ORDERED.

July 28, 2015
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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