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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION LINDA SUE SMITH, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : : 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 2

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