Sherman v. Commissioner of Social Security

Filing 16

ORDER adopting Report and Recommendations re 15 Report and Recommendations. Signed by Judge James L Graham on 8/12/13. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Mary L. Sherman,
Plaintiff,
v.

Case No. 2:12-cv-738

Carolyn W. Colvin,
Acting Commissioner of
Social Security,
Defendant.
ORDER
This matter is before the court for consideration of the July
23, 2013, report and recommendation of the United States magistrate
judge to whom this case was referred pursuant to 28 U.S.C. §636(b).
The

magistrate

judge

recommended

that

the

court

reverse

the

nondisability finding of the Commissioner, and that this action be
remanded to the Commissioner and the administrative law judge
pursuant to Sentence Four of 42 U.S.C. §405(g).
The report and recommendation specifically advised the parties
that the failure to object to the report and recommendation within
fourteen days of the report would result in a “waiver of the right
to de novo review by the District Judge and of the right to appeal
the judgment of the District Court[.]”

Doc. 15, p. 15.

The time

period for filing objections to the report and recommendation has
expired.

No party has objected to the report and recommendation.

The court has reviewed the report and recommendation of the
magistrate judge.

Noting that no objections have been filed and

that the time for filing such objections has expired, the court
adopts the report and recommendation of the magistrate judge (Doc.

15).

Accordingly, the court reverses the Commissioner of Social

Security’s nondisability finding and remands this case to the
Commissioner and the administrative law judge pursuant to Sentence
Four of 42 U.S.C. §405(g).

Date: August 1, 2013

s/James L. Graham
James L. Graham
United States District Judge