Rivera v. Commissioner Social Security Administration

Filing 19

Opinion and Order For the reasons stated in the Order, the Court hereby vacates the Commissioner's final decision denying Rivera's application for DIB and SSI and remands the case for further proceedings consistent with the Report and Recommendation. Related documents 17 , 18 . Signed by Judge Dan Aaron Polster on 11/17/2016. (K,K)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
DIANE RIVERA,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting Comm’r
of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

CASE NO. 5:16 CV 105
JUDGE DAN AARON POLSTER
OPINION AND ORDER

This Social Security case is before the Court on the Report and Recommendation of
Magistrate Judge Jonathan D. Greenberg. (Doc #: 17 (“R & R”).) The Magistrate Judge
recommends that the Commissioner’s final decision denying DIB and SSI be vacated and the
matter remanded for further proceedings consistent with the R & R. (Id.) The Commissioner
has filed a response to the R & R stating, “Defendant, Commissioner of the Social Security
Administration, will not be filing objections to this Honorable Court’s Report and Recommended
Decision.” (Doc #: 18.) The Court has reviewed the thorough, comprehensive 33-page R & R
and agrees with Magistrate Judge Greenberg’s findings and recommendation.
Accordingly, the Court hereby VACATES the Commissioner’s final decision denying
Rivera’s application for DIB and SSI and REMANDS the case for further proceedings consistent
with the R & R.
IT IS SO ORDERED.

/s/ Dan A. Polster November 17, 2016
Dan Aaron Polster
United States District Judge