Helber v. Commissioner of Social Security

Filing 13

ORDER adopting Report and Recommendations re 12 Report and Recommendations.. Signed by Judge James L. Graham on 3/27/2019. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Cheryl L. Helber,
Plaintiff,
v.

Case No. 2:18-cv-502

Commissioner of
Social Security,
Defendant.
ORDER
This matter is before the court for consideration of the March
11, 2019, 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 concluded that the administrative law judge
did not adequately explain the weight given to the expert opinions
concerning plaintiff’s mental impairments.

The magistrate judge

recommended that the Commissioner’s non-disability finding be
reversed, and that this case be remanded to the Commissioner and
the administrative law judge pursuant to 42 U.S.C.§405(g), sentence
four, for further proceedings.
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 a “waiver of the right to appeal the decision of the
District Court adopting the Report and Recommendation.”
p. 11.

Doc. 12,

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. 12).

report

and

recommendation

of

the

The decision of the Commissioner is

reversed, and this case is remanded to the Commissioner and the
administrative law judge under 42 U.S.C. §405(g), sentence four,
for

further

proceedings

consistent

with

the

report

and

recommendation. The clerk shall enter judgment remanding this case
to the Commissioner.

Date: March 27, 2019

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

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