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

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