Sarvino v. Commissioner of Social Security
Filing
24
ORDER adopting Report and Recommendations re 21 Report and Recommendations.Signed by Judge James L. Graham on 5/10/2017. (ds)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Mary J. Sarvino,
Plaintiff,
v.
Case No. 2:16-cv-792
Commissioner of
Social Security,
Defendant.
ORDER
This matter is before the court for consideration of the April
7, 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 case be remanded to the
Commissioner pursuant to 42 U.S.C. §405(g), sentence four, for
further proceedings.
The magistrate judge concluded that further
consideration of the opinions of Drs. Rowland and Whatley was
warranted,
particularly
as
to
the
issues
of
consistency
and
speciality in a related field, and that additional analysis of the
testimony of the vocational expert was needed concerning whether
there
are
a
significant
number
of
jobs
in
the
economy
that
plaintiff can perform.
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. 21, p. 15.
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. 21).
report
and
recommendation
of
the
The decision of the Commissioner is
reversed, and this case is remanded to the Commissioner pursuant to
§405(g), sentence four, for further proceedings in accordance with
the report and recommendation.
The clerk shall enter judgment
remanding this case to the Commissioner.
Date: May 10, 2017
s/James L. Graham
James L. Graham
United States District Judge
2
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