Young v. Commissioner of Social Security

Filing 18

Memorandum of Opinion and Order Adopting 16 Report and Recommendation. The Court will vacate the decision of the Commissioner of Social Security and remand this case to the Commissioner for rehearing and a new decision (other related doc 1 ). Judge Benita Y. Pearson on 11/16/2017 (C,KA)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JEANETTE DARLENE YOUNG,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
Defendant.

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CASE NO. 5:16CV2655

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER

Plaintiff Jeanette Darlene Young applied for a period of disability, DIB, and SSI benefits,
and after an initial denial and a denial upon reconsideration, an Administrative Law Judge
(“ALJ”) held a hearing and concluded that Plaintiff was not disabled. After the Appeals Council
denied Plaintiff’s request for review, she sought judicial review pursuant to 42 U.S.C. § 405(g).
This Court referred the case to Magistrate Judge David A. Ruiz for preparation of a Report and
Recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). Magistrate Judge Ruiz
submitted a Report, recommending that the Court reverse the ALJ’s determination and remand
the case back to the ALJ, due to the ALJ’s failure to follow procedural regulations. ECF No. 16
at PageID #: 1110.
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
filed within 14 days after service. The Commissioner filed a Response to the Report and
Recommended Decision, which states that the Commissioner will not be filing objections. ECF
No. 17. Furthermore, Plaintiff has not filed any objections, evidencing satisfaction with the

(4:11CV2553)
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 Court adopts the Magistrate Judge’s Report and Recommendation. The
Court will vacate 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.

November 16, 2017
Date

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

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