Nelson v. Commissioner Social Security Administration

Filing 20

ORDER granting 19 Report and Recommendations.. Signed by Judge Gregory L. Frost on 5/19/15. (kn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

MARY COLLEEN NELSON,
Plaintiff,
Case No. 2:14-cv-1363
JUDGE GREGORY L. FROST
Magistrate Judge Norah McCann King

v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

OPINION AND ORDER
This matter is before the Court for consideration of the Magistrate Judge’s April 27, 2015
Report and Recommendation (“R&R”) (ECF No. 19). In that filing, the Magistrate Judge
considered Plaintiff’s Statement of Errors and recommended that the Court sustain the same,
reverse the Commissioner of Social Security’s (“Commissioner”) decision to deny benefits, and
remand this action to the Commissioner for further consideration of Dr. Grodner’s September
2012 opinions.
The R&R advised the parties that, if any party sought review by the District Judge, that
party must file objections to the R&R within fourteen (14) days. (ECF No. 19, at PAGEID #
745.) The R&R further advised the parties that their 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 [R&R].” (Id. (citing Thomas v. Arn, 474 U.S. 140
(1985); Smith v. Detroit Fed’n of Teachers, Local 231 etc., 829 F.2d 1380 (6th Cir. 1987);
United States v. Walters, 638 F.2d 947 (6th Cir.1981)).)

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The Court has reviewed the R&R. Noting that no objections have been filed, and that the
time for filing such objections has expired, the Court ADOPTS AND AFFIRMS the R&R (ECF
No. 19), SUSTAINS Plaintiff’s Statement of Errors (ECF No. 14), REVERSES pursuant to 42
U.S.C. § 405(g), sentence four, the Commissioner’s decision to deny benefits, and REMANDS
this action to the Commissioner for further consideration of. Dr. Grodner’s September 2012
opinions. The Clerk is DIRECTED to enter judgment accordingly and terminate this case on
the docket records of the United States District Court for the Southern District of Ohio, Eastern
Division.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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