Harper v. Commissioner of Social Security

Filing 21

ORDER ADOPTING 20 Report and Recommendation. Plaintiffs Statement of Errors is SUSTAINED. The Commissioners finding is REVERSED, and this case is REMANDED to the Commissioner and Administrative Law Judge for further consideration. Signed by Judge Michael H. Watson on 8/21/2017. (ew)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

April Lynn Harper,
Plaintiff,

v.

Case No. 2:16-cv-690

Commissioner of Social Security,

Judge Michael H. Watson

Defendant.
ORDER
On August 4, 2017, United States Magistrate Judge Deavers, to whom this
case was referred pursuant to 28 U.S.C. § 636(b)(1)(8) and General Order 14-01
for the Southern District of Ohio Eastern Division of Columbus, filed a Report and
Recommendation ("R&R") concerning the disposition of April Harper's ("Plaintiff")
Complaint in this Social Security case. The R&R recommended sustaining
Plaintiff's statement of errors, reversing the decision of the Commissioner of
Social Security, and remanding the case to the Commissioner and Administrative
Law Judge for further consideration under Sentence Four of§ 405(g). R&R 18,
ECF No. 20.
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 18-19. 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. at 19. The deadline for filing such objections has passed,
and no objections were filed.
Having received no objections, the R&R is ADOPTED. The Plaintiffs
statement of errors is SUSTAINED, the Commissioner's finding is REVERSED,
and this case is REMANDED to the Commissioner and Administrative Law
Judge for further consideration under Sentence Four of§ 405(g). The Clerk shall
enter final judgment for Plaintiff and terminate this case.

IT IS SO ORDERED.

~&m

iiCHAELH:TSON,JUDGE
UNITED STATES DISTRICT COURT