Yates v. Commissioner of Social Security

Filing 28

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. # 23 ); OBJECTIONS OF PLAINTIFF, JEFFERY R. YATES, TO SAID JUDICIAL FILING (DOC. # 26 ) ARE OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF DEFENDANT NANC Y A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, AND AGAINST PLAINTIFF, AFFIRMING THE DEFENDANT COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/5/2018. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

JEFFERY R. YATES,
Plaintiff,
vs.

Case No. 3:1 6-cv-422
JUDGE WALTER H. RICE

NANCY A. BERRYHILL,

MAGISTRATE JUDGE
MICHAEL J.NEWMAN

Acting Commissioner of the
Social Security Administration,
Defendant.

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS
OF UNITED STATES MAGISTRATE JUDGE (DOC. #23); OBJECTIONS OF
PLAINTIFF, JEFFERY R. YATES, TO SAID JUDICIAL FILING (DOC. #26)
ARE OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF
DEFENDANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE
SOCIAL SECURITY ADMINISTRATION, AND AGAINST PLAINTIFF,
AFFIRMING THE DEFENDANT COMMISSIONER'S DECISION THAT
PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO
BENEFITS UNDER THE SOCIAL SECURITY ACT; TERMINATION ENTRY

Plaintiff Jeffery R. Yates ("Plaintiff') has brought this action pursuant to 42 U.S.C.
§ 405(g) to review a decision of the Defendant Nancy A. Berryhill, Acting Commissioner of

the Social Security Administration ("Commissioner"), denying Plaintiff's application for
Social Security disability benefits. On January 5, 2018, Magistrate Judge Michael J.
Newman filed a Report and Recommendations, Doc. #23, recommending that the
Commissioner's decision that Plaintiff was not disabled and , therefore, not entitled to
disability insurance benefits ("DIB") under the Social Security Act ("Act"), 42 U.S.C. § 301