Sullivan v. Commissioner of Social Security

Filing 22

ORDER adopting Report and Recommendations re 21 Report and Recommendations, reversing the commissioner's decision, and remanding for further proceedings. Signed by Judge James L Graham on 8/9/13. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Keith R. Sullivan,
Plaintiff,
v.

Case No. 2:12-cv-785

Carolyn W. Colvin,
Acting Commissioner of
Social Security,
Defendant.
ORDER
This matter is before the court for consideration of the July
12, 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

decision of the Commissioner pursuant to Sentence 4 of 42 U.S.C.
§405(g), and that this action be remanded to the Commissioner for
further consideration of the medical source opinions.
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 decision of the District Court[.]”

Doc. 21, pp. 13-14.

The

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

The Commissioner has not 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.
21).

Accordingly, the court reverses the Commissioner of Social

Security’s decision denying plaintiff’s applications for disability
insurance benefits and supplemental security income, and remands
this case to the Commissioner for further consideration of the
medical

source

opinions

consistent

with

the

report

recommendation.

Date: August 9, 2013

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

and