Collins v. Commissioner of Social Security

Filing 21

REPORT AND RECOMMENDATION that the 19 MOTION to Remand be Granted; this case be Remanded to the Commissioner of Social Security to take the necessary action to provide Ms. Collins with written notice of the determinations made on the Title II ap plications for Child Insurance Benefits (Survivor's Claim) filed on 12/12/2011 and 10/18/2016; and the Clerk of Court enter a separate judgment as required by FRCP 58. Objections to R&R due by 5/4/2020. Signed by Magistrate Judge Karen L. Litkovitz on 4/17/2020. (art)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 1:18-cv-00268-TSB-KLL Doc #: 21 Filed: 04/20/20 Page: 1 of 3 PAGEID #: 125

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
MACHELLE COLLINS,
Plaintiff,

Case No. 1:18-cv-268
Black, J.
Litkovitz, M.J.

vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

REPORT AND
RECOMMENDATION

This matter is before the Court on the Commissioner’s motion to enter an order and
judgment reversing the final decision of the Commissioner of Social Security, pursuant to the
fourth sentence of 42 U.S.C. § 405(g), with remand to the Commissioner for further
administrative proceeding. (Doc. 19). Plaintiff Machelle Collins has not responded to the
motion.
For good cause shown, this matter should be remanded back to the Commissioner for
further administrative proceedings pursuant to Sentence Four of the Social Security Act, 42
U.S.C. § 405(g). On remand, the Appeals Council will take the necessary action to provide Ms.
Collins with written notice of the determinations made on the Title II applications for Child
Insurance Benefits (Survivor’s Claim) filed on December 12, 2011 and October 18, 2016.

IT IS THEREFORE RECOMMENDED THAT the motion to remand (Doc. 19) be
GRANTED; this case be REMANDED to the Commissioner of Social Security to take the
necessary action to provide Ms. Collins with written notice of the determinations made on the Title II
applications for Child Insurance Benefits (Survivor’s Claim) filed on December 12, 2011 and

Case: 1:18-cv-00268-TSB-KLL Doc #: 21 Filed: 04/20/20 Page: 2 of 3 PAGEID #: 126

October 18, 2016; and the Clerk of Court enter a separate judgment as required by Fed. R. Civ. P.

58.

April 17, 2020
Date:_____________

__________________________
Karen L. Litkovitz
United States Magistrate Judge

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Case: 1:18-cv-00268-TSB-KLL Doc #: 21 Filed: 04/20/20 Page: 3 of 3 PAGEID #: 127

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
MACHELLE COLLINS,
Plaintiff,

Case No. 1:18-cv-268
Black, J.
Litkovitz, M.J.

vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
NOTICE
Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of
the recommended disposition, a party may serve and file specific written objections to the
proposed findings and recommendations. This period may be extended further by the Court on
timely motion for an extension. Such objections shall specify the portions of the Report objected
to and shall be accompanied by a memorandum of law in support of the objections. If the Report
and Recommendation is based in whole or in part upon matters occurring on the record at an oral
hearing, the objecting party shall promptly arrange for the transcription of the record, or such
portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the
assigned District Judge otherwise directs. A party may respond to another party=s objections
WITHIN 14 DAYS after being served with a copy thereof. Failure to make objections in
accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140
(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

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