Collins v. Commissioner of Social Security

Filing 29

DECISION AND ENTRY adopting Report and Recommendations re 27 Report and Recommendations. Signed by Judge Timothy S. Black on 5/3/2021. (rrs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
MACHELLE COLLINS,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

:
:
:
:
:
:
:
:
:
:

Case No. 1:18-cv-268
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 27)
This case is before the Court pursuant to the Order of General Reference to United
States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on November 20, 2020, submitted
a Report and Recommendation (Doc. 27). Plaintiff Machelle Collins filed objections to
the Report and Recommendation on November 23, 2020. (Doc. 28).
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has
reviewed the comprehensive findings of the Magistrate Judge and considered de novo all
the filings in this matter. Upon consideration of the foregoing and careful review of
Plaintiff’s objections, the Court finds that the Report and Recommendation (Doc. 27)
should be and is hereby adopted in its entirety.
On April 20, 2020, the Magistrate Judge recommended that this Court grant
Defendant’s motion to remand Plaintiff’s case to the Commissioner of Social Security for

further administrative pleadings. (Doc. 21). No objections to that Report and
Recommendation were filed. On June 16, 2020, this Court: (1) adopted the April 20,
2020 Report and Recommendation; (2) granted Defendant’s motion for an order
reversing the Commissioner’s final decision pursuant to the fourth sentence of 42 U.S.C.
§ 405(g) and for remand; (3) remanded Plaintiff’s case to the Commissioner for further
proceedings consistent with the Magistrate Judge’s Report and Recommendation; and,
(4) terminated the case on the docket of this Court. (Doc. 21).
Three months later, on September 18, 2020, Plaintiff filed an opposition to this
Court’s Decision and Entry remanding the case. (Doc. 25). A week later, Plaintiff filed a
response in opposition (Doc. 26) to Defendant’s motion to remand (Doc. 18). The
Magistrate Judge liberally considered Plaintiff’s pleadings as both a motion to
alter/amend judgment and a motion for relief from judgment, and submitted the Report
and Recommendation at issue in this Decision and Entry. (Doc. 27). The Magistrate
Judge recommended denying Plaintiff’s request. (Id.) Plaintiff timely filed objections.
(Doc. 28). However, this Court finds that Plaintiff’s objections are not well-taken.
Construing Plaintiff’s objections liberally, Plaintiff argues that the record before
the Court indicates that she is eligible for Social Security Disability Insurance (“SSDI”).
(Doc. 28 at 1). Thus, Plaintiff contends that this Court should not have terminated her
action before this Court. (Doc. 28). However, terminating Plaintiff’s action before this
Court was not a determination of Plaintiff’s eligibility for SSDI. The remand of
Plaintiff’s case to the Commissioner reversed the prior, final decision of the
Commissioner, pursuant to the fourth sentence of 42 U.S.C. § 405(g), and sent Plaintiff’s
2

case back to the Commissioner for further administrative proceedings consistent with the
Magistrate Judge’s April 20, 2020 Report and Recommendation. Thus, Plaintiff’s
objections are not well-taken.
Accordingly, for the reasons stated above:
1.

The Report and Recommendation (Doc. 27) is hereby ADOPTED;

2.

Plaintiff’s objections (Doc. 28) are hereby OVERRULED;

3.

Plaintiff’s motion opposing remand, construed as a motion to alter/amend
judgment and/or motion for relief from judgment (Doc. 25) is DENIED;
and,

4.

The Court certifies that pursuant to 28 U.S.C. § 1915(a), an appeal of this
Order would not be taken in good faith and therefore Plaintiff is denied
leave to appeal in forma pauperis.

IT IS SO ORDERED.
Date: 5/3/2021

s/Timothy S. Black
Timothy S. Black
United States District Judge

3