CARABALLO v. COLVIN

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE TIMOTHY R. RICE. THIS CASE IS REMANDED TO THE COMMISSION FOR FURTHER REVIEW CONSISTENT WITH THE REPORT AND RECOMMENDATION. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/10/17. 5/11/17 ENTERED AND COPIES E-MAILED. (ky, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
YOLLY CARABALLO, o/b/o Minor O.G.,

:
:
Plaintiff,
:
:
v.
:
:
NANCY A. BERRYHILL, Acting Commissioner :
of Social Security Administration,
:
:
Defendant.
:
__________________________________________

No. 2:16-cv-03179

ORDER
Pursuant to 42 U.S.C. § 405(g), Plaintiff O.G.’s mother, Yolly Caraballo, challenges the
final decision of the Commissioner of the Social Security Administration denying her application
for Supplemental Security Income (“SSI”) benefits for her son. Carabello contends that the
Commissioner’s final decision denying O.G.’s claim should be vacated and, because there is
substantial evidence in the record to find O.G. disabled under the Social Security Act, O.G.
should be awarded benefits. See Pl.’s Mot. Summ. J., ECF No. 9.
On April 19, 2017, United States Magistrate Judge Timothy R. Rice filed a Report and
Recommendation in which he determined that the Administrative Law Judge lacked substantial
evidence to support his findings that O.G. had a less than marked limitation in the domain of
attending and completing tasks. ECF No. 14. On this basis, Judge Rice recommended that this
case be remanded to the Commission for further review consistent with his Report and
Recommendation.
Neither the Commissioner nor Caraballo has objected to Magistrate Rice’s Report and
Recommendation. Accordingly, upon review of the Report and Recommendation, and having

determined that “there is no clear error on the face of the record,” see Fed. R. Civ. P. 72(b)
advisory committee’s note to 1983 addition, the Court accepts the recommendation.
ACCORDINGLY, this 10th day of May, 2017, IT IS ORDERED THAT:
1.

The Report and Recommendation, ECF No. 14, is APPROVED and ADOPTED;

2.

This case is REMANDED to the Commission for further review consistent with the

Report and Recommendation;
3.

The Clerk of Court shall CLOSE this case.

BY THE COURT:

/s/ Joseph F. Leeson, Jr._____________
JOSEPH F. LEESON, JR.
United States District Judge

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