Lee v. Commissioner of Social Security

Filing 17

OPINION and ORDER adopting 16 the Report and Recommendation. Signed by Judge Michael H. Watson on 1/3/19. (jk)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Darrell E. Lee, Plaintiff, V. Case No. 2:18-cv-109 Commissioner of Sociai Security, Defendant. Judge Michaei H. Watson Magistrate Judge Vascura OPINION AND ORDER On November 14, 2018, United States Magistrate Judge Vascura Issued a Report and Recommendation ("R&R") recommending that the Court reverse the Commissioner of Social Security's ("Commissioner") non-dlsablllty finding and remand this case to the Commissioner and the ALJ under Sentence Four of § 405(g). ECFNo. 16. 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). R&R 10, ECF No. 16. The R&R further advised the parties that the failure to object to the R&R within fourteen days would result in a waiverof the right to de novo review by the District Judge and waiver of the right to appeal the decision of the District Court adopting the R&R. Id. The deadline for filing such objections has passed, and no objections were filed. Having received no objections, the R&R Is ADOPTED. Plaintiff's statement of errors Is SUSTAINED and the Commissioner's decision Is REVERSED. This case Is REMANDED to the Commissioner and the ALJ under Sentence Four of § 405(g) for further consideration consistent with the R&R. IT IS SO ORDERED. MIC1HAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT Case No. 2:18-cv-109 Page 2 of 2

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