Bailey v. Commissioner of Social Security

Filing 22

ORDER granting 20 Motion to Remand ; adopting Report and Recommendations re 21 Report and Recommendations. Signed by Judge James L Graham on 12/2/2013. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Charles E. Bailey,
Plaintiff,
v.

Case No. 2:13-cv-60

Carolyn W. Colvin,
Acting Commissioner of
Social Security,
Defendant.
ORDER
This matter is before the court on the November 7, 2013,
report and recommendation of the magistrate judge recommending that
the joint motion for remand filed by the parties be granted.

The

parties have jointly petitioned this court to enter an order and
judgment reversing the final decision of the Commissioner and
remanding this case to the Commissioner pursuant to sentence four
of Section 205(g) of the Social Security Act, 42 U.S.C. §405(g),
for further administrative proceedings.
The report and recommendation specifically advised the parties
that the failure to object to the report and recommendation within
fourteen days of the filing 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[.]”
p. 2.

Doc. 21,

The time period for filing objections to the report and

recommendation has expired, and 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.
21).

The joint motion for remand (Doc. 20) is granted.

Pursuant

to sentence four of §405(g), the decision of the Commissioner is
hereby reversed, and this case is remanded to the Commissioner for
further administrative proceedings.

On remand, the administrative

law judge shall consider whether plaintiff was disabled due to
statutory blindness prior to November 1, 2011, and shall reevaluate the severity of plaintiff’s other impairments at step two
of the sequential evaluation.
The

clerk

is

directed

to

enter

judgment

reversing

the

Commissioner’s decision under sentence four of 42 U.S.C. §405(g)
and

remanding

this

case

to

the

Commissioner

for

administrative proceedings pursuant to this order.
It is so ordered.

Date: December 2, 2013

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

further