Blevins v. Commissioner of the Social Security Administration

Filing 24

ORDER adopting 23 the Report and Recommendation. Plaintiff's statement of errors is SUSTAINED, the Commissioner's nondisability finding is REVERSED, and the case is REMANDED for further consideration consistent with the findings of the R&R. Signed by Judge Michael H. Watson on 8/30/17. (jk)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Steven W. Blevins, Plaintiff, V. Commissioner of Social Security, Defendant. Case No. 2:16-cv-530 Judge Michaei H. Watson Magistrate Judge Deavers ORDER On August 14, 2017, United States Magistrate Judge Deavers, to whom this case was referred pursuant to 28 U.S.C. § 636(b)(1)(B) and General Order 14-01 for the Southern District of Ohio Eastern Division of Columbus, filed a Report and Recommendation ("R&R") conceming the disposition of Steven Bievin's ("Plaintiff) Complaint in this Social Security case. The R&R recommended reversing the Commissioner of Social Security's nondisabiiity findings and remanding this case to the administrative law judge for further consideration pursuant to Sentence Four of 42 U.S.C. § 405(g). R&R 13-14, ECF No. 23. The R&R notified the parties of their right to file objections to the R&R pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Id. at 14. The R&R further specifically advised the parties that the failure to object to the R&R within fourteen days would 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. Id. The deadline for filing such objections has passed, and no objections were filed. Having received no objections, the R&R is ADOPTED. PlaintifTs statement of errors is SUSTAINED, the Commissioner's nondisability finding is REVERSED, and the case is REMANDED for further consideration consistent with the findings of the R&R. The Clerk shall enter final judgment for defendant and terminate this case. IT IS SO ORDERED. IICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT

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