Ruff v. Commissioner of Social Security

Filing 17

ENTRY AND ORDER OVERRULING OBJECTIONS 16 , ADOPTING REPORT AND RECOMMENDATION 15 , AFFIRMING THE COMMISSIONER'S NON-DISABILITY FINDING, AND TERMINATING THIS CASE. Signed by Judge Thomas M. Rose on 5-7-2019. (de)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JASON F. RUFF, : Plaintiff, Case No. 3:17-cv-00413 : Judge Thomas M. Rose v. : COMMISSIONER OF SOCIAL SECURITY, : : Defendant. ______________________________________________________________________________ ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 16), ADOPTING REPORT AND RECOMMENDATION (DOC. 15), AFFIRMING THE COMMISSIONER’S NON-DISABILITY FINDING, AND TERMINATING THIS CASE ______________________________________________________________________________ This Social Security disability benefits appeal is before the Court on the Objections (Doc. 16) filed by Plaintiff Jason F. Ruff (“Plaintiff”) to Magistrate Judge Michael J. Newman’s Report and Recommendation (“Report”) (Doc. 15). Magistrate Judge Newman recommended that the Commissioner’s non-disability finding be affirmed. Plaintiff filed Objections to the Report. (Doc. 16.) The Commissioner has not responded to Plaintiff’s Objections, but the Court deems no response necessary based upon its review of the record. This matter is therefore ripe for review. As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that Plaintiff’s Objections (Doc. 16) to the Report are not well-taken and are OVERRULED. The Court ADOPTS the Report (Doc. 15) and rules as follows: 1. The Commissioner’s non-disability finding is supported by substantial evidence in the record and is AFFIRMED; and 2. This case is TERMINATED on the docket of this Court. DONE and ORDERED in Dayton, Ohio, this Tuesday, May 7, 2019. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE 2

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