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Lee v. Commissioner of Social Security, 2:18-cv-109. (2019)

Court: District Court, S.D. Ohio Number: infdco20190104c42 Visitors: 6
Filed: Jan. 03, 2019
Latest Update: Jan. 03, 2019
Summary: OPINION AND ORDER MICHAEL H. WATSON , District Judge . 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") nonviability finding and remand this case to the Commissioner and the ALJ under Sentence Four of 405(g). ECF No. 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.
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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") nonviability finding and remand this case to the Commissioner and the ALJ under Sentence Four of § 405(g). ECF No. 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 waiver of 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.

Source:  Leagle

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