Vecchio v. Commissioner of Social Security

Filing 20

Memorandum of Opinion and Order For the reasons set forth herein, the Report and Recommendation of the Magistrate Judge, ECF No. 18 , is hereby adopted. The decision of the Commissioner of Social Security is affirmed. Judgment will be entered in favor of Defendant. Judge Benita Y. Pearson on 6/19/2017. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JOHN G. VECCHIO,
Plaintiff,
v.
NANCY A. BERRYHILL,1
ACTING COMMISSIONER OF
SOCIAL SECURITY
Defendant.

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CASE NO. 5:16CV0751
JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION
AND ORDER RE: AFFIRMING
COMMISSIONER’S DECISION

An Administrative Law Judge (“ALJ”) denied Plaintiff John G. Vecchio’s application for
disability insurance benefits (“DIB”) 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 James R.
Knepp II for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local
Rule 72.2(b)(1). On April 28, 2017, the magistrate judge submitted a Report and
Recommendation (ECF No. 18) recommending that the Court affirm the Commissioner’s
decision as supported by substantial evidence.
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be

1

Carolyn W. Colvin was the original Defendant. She was sued in an official capacity as
a public officer. On January 23, 2017, Nancy A. Berryhill became the Acting Commissioner of
Social Security. Pursuant to Fed. R. Civ. P. 25(d), Berryhill’s name has been automatically
substituted as a party.

(1:16CV1905)
filed within 14 days after service. Neither party has filed objections, evidencing satisfaction
with the magistrate judge’s recommendations.2 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 decision of the Commissioner of Social Security is affirmed. Judgment will be entered in
favor of Defendant.

IT IS SO ORDERED.

June 19, 2017
Date

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

2

Plaintiff filed a Motion for Extension of Time to File Objections to the Report and
Recommendation (ECF No. 19). The motion was granted until June 12, 2017. See Nondocument Order entered on May 4, 2017.
2