Trammell v. Commissioner of Social Security

Filing 17

ORDER granting 13 Motion to Remand; adopting Report and Recommendations re 16 Report and Recommendations. Signed by Judge James L. Graham on 4/24/2017. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Lonnie J. Trammell,
Plaintiff,
v.

Case No. 2:16-cv-547

Commissioner of
Social Security,
Defendant.
ORDER
This matter is before the court for consideration of the April
6, 2017, 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

court

grant

the

Commissioner’s motion for voluntary remand, and that this case be
remanded to the Commissioner for further administrative proceedings
and a new decision under 42 U.S.C.§405(g), sentence four.
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 have the district judge review the Report and Recommendation de
novo, and also operates as a waiver of the right to appeal the
decision

of

the

Recommendation.”

District

Court

Doc. 16, p. 3.

adopting

the

Report

and

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

adopts

the

magistrate judge (Doc. 16).
13) is granted.

report

and

recommendation

of

the

The motion for voluntary remand (Doc.

This case is remanded to the Commissioner under

§405, sentence four, for further administrative proceedings and a
new decision.

Upon remand, the Appeals Council will vacate all

findings in the Administrative Law Judge’s decision, and the
Commissioner will conduct further proceedings and develop the
administrative record as necessary to determine whether plaintiff
is under a disability as defined by the Social Security Act.

The

clerk is directed to enter judgment remanding this case to the
Commissioner.

Date: April 24, 2017

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

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