Smith v. Commissioner of Social Security

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 16 Report and Recommendation in all respects. The Court DECLINES to remand this matter under Sentence Six of Section 405(g) for consideration of new evidence, and AFFIRMS the decision of the Commissioner denying Plaintiff's applications for DIB and SSI. Signed by Judge S Arthur Spiegel on 1/11/2012. (km1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

LINDA SUE SMITH,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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NO. 1:10-CV-923

ORDER

This matter is before the Court on the Magistrate Judge’s
Report and Recommendation (doc. 16), to which there were no
objections.
Proper Notice has been given to the parties under 28
U.S.C. § 636(b)(1)(C), including notice that the parties would
waive further appeal if they failed to file objections to the
Report and Recommendation in a timely manner.
Walters, 638 F.2d 947 (6th Cir. 1981).

United States v.

As of the date of this

Order, no objections have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C.
§

636,

the

Court

finds

the

Magistrate

Judge’s

Report

and

Recommendation thorough, well-reasoned, and correct.
Accordingly, the Court hereby ADOPTS and AFFIRMS the
Magistrate Judge’s Report and Recommendation (doc. 16) in all
respects, DECLINES to remand this matter under Sentence Six of

Section 405(g) for consideration of new evidence, and AFFIRMS the
decision of the Commissioner denying Plaintiff’s applications for
DIB and SSI.

SO ORDERED.

DATED: January 11, 2012

/s/ S. Arthur Spiegel
S. Arthur Spiegel
United States Senior District Judge

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