Dellerman v. Commissioner of Social Security

Filing 18

ORDER ADOPTING 17 Report and Recommendations,. Signed by Judge Gregory L Frost on 8/19/14. (kn)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION KATRINA L. DELLERMAN, Plaintiff, Case No. 2:13-cv-563 JUDGE GREGORY L. FROST Magistrate Judge Norah McCann King v. COMMISSIONER OF SOCIAL SECURITY, Defendant. OPINION & ORDER This matter is before the Court for consideration of the Magistrate Judge’s July 28, 2014 Report and Recommendation (“R&R”). (ECF No. 17.) In that filing, the Magistrate Judge considered the administrative record (ECF No. 12), Plaintiff’s statement of errors (ECF No. 13) and the Commissioner’s memorandum in opposition (ECF No. 16). The Magistrate Judge recommended that the Court sustain Plaintiff’s statement of specific errors and remand this case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further consideration of evidence relating to the VA’s 2001 disability determination. The R&R advised the parties that, if any party sought review by the District Judge, that party may file objections to the R&R within fourteen (14) days. (Id. at 11–12.) The R&R further advised the parties that the failure to object within fourteen days 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 adopting the Report and Recommendation.” (Id. at 19.) The Court has reviewed the R&R. Noting that no objections have been filed, that the time for filing such objections has expired, and that the Magistrate Judge’s reasoning is correct, the Court ADOPTS the R&R (ECF No. 17), SUSTAINS Plaintiff’s statement of errors (ECF No. 13), and REMANDS this case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). IT IS SO ORDERED. /s/ Gregory L. Frost_____________ GREGORY L. FROST UNITED STATES DISTRICT JUDGE 2

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