Lemay v. Commissioner of Social Security

Filing 18

ORDER adopting Report and Recommendations re 17 Report and Recommendations, reversing the decision of the Commissioner, and remanding this action to the Commissioner for further proceedings consistent with the Report and Recommendation. Signed by Judge James L Graham on 1/10/14. (ds)

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

Case No. 2:13-cv-265

Carolyn W. Colvin,
Acting Commissioner of
Social Security,
Defendant.
ORDER
This matter is before the court for consideration of the
December 16, 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 decision
of the Commissioner be reversed and that the action be remanded to
the Commissioner for further consideration of the medical opinions.
The report and recommendation specifically advised the parties
that failure to object to the report and recommendation within
fourteen days of the report “will result in a waiver of the right
to de novo review by the District Judge and waiver of the right to
appeal the decision of the District Court[.]”

Doc. 17, p. 16.

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 (Doc. 17).
the

Commissioner

of

Social

Security

The decision of

denying

plaintiff’s

applications for a period of disability, disability insurance
benefits, and supplemental security income is reversed pursuant to
Sentence 4 of 42 U.S.C. §405(g). This action is hereby remanded to

the Commissioner for further proceedings consistent with the Report
and Recommendation.

The clerk is directed to enter a final

judgment in this case.

Date: January 10, 2014

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

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