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remanding where the ALJ provided no discussion of medical records regarding the plaintiff's MS and its relation to Listing 11.09
Summary of this case from Baker v. Comm'r of Soc. Sec.Opinion
CASE NO. 5:12-CV-2577
07-26-2013
CHRISTIE J. DAVIS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
OPINION & ORDER
[Resolving Doc. No. 1]
JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Plaintiff Christie Davis challenges the final decision of the Commissioner of Social Security, denying her claim for disability insurance benefits and supplemental social security income. Specifically, Davis says that the Administrative Law Judge's findings are not supported by substantial evidence. This matter was referred to Magistrate Judge Vecchiarelli pursuant to Local Rule 72.2. On June 10, 2013, Magistrate Judge Vecchiarelli recommended that the Court reverse the Commissioner's decision denying benefits and remand the case to the Social Security Administration.
Doc. 1.
Doc. 20.
The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a Report and Recommendation to which the parties have made an objection. Parties must file any objections to a Report and Recommendation within fourteen days of service. Failure to object within this time waives a party's right to appeal the district court's judgment. Absent objection, a district court may adopt the magistrate judge's report without review.
I d .; Fed. R. Civ. P. 72(b)(2) .
Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
See Thomas, 474 U.S. at 149.
In this case, neither party has objected to the Magistrate Judge's recommendation. Moreover, having conducted its own review of the record and the parties' briefs in this case, the Court agrees with the conclusions of Magistrate Judge Vecchiarelli.
See doc. 21.
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Accordingly, the Court ADOPTS in whole Magistrate Judge Vecchiarelli's Report and Recommendation and incorporates it fully herein by reference, REVERSES the decision of the Commissioner of Social Security, and REMANDS for proceedings consistent with the Report and Recommendation.
IT IS SO ORDERED.
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JAMES S. GWIN
UNITED STATES DISTRICT JUDGE