Austermiller v. Commissioner of Social Security

Full title: James Austermiller, Plaintiff v. Commissioner of Social Security, Defendant

Court: United States District Court, N.D. Ohio, Western Division

Date published: Jan 7, 2011

Case No. 3:10cv1697 (N.D. Ohio Jan. 7, 2011)

Opinion

Case No. 3:10cv1697.

January 7, 2011

ORDER

JAMES CARR, District Judge

This case, which has been referred to United States Magistrate Judge for Report and Recommendation. The Magistrate Judge having filed his Report and Recommendation, to which the parties have not filed an objection. I have reviewed the case, de novo, which I find well-taken on the merits for the reasons stated in the Report and Recommendation, which is incorporated herein by reference as the opinion of the undersigned. Therefore, it is hereby

ORDERED THAT the Report and Recommendation of the United States Magistrate Judge be, and the same hereby is adopted as the Order of this Court. The defendant's motion to remand is granted and plaintiff's request for judgment is denied. Leave granted to the defendants of 60 days in which the defendant must either locate the missing recording or have the Appeals Council remand the case to an ALJ for a de novo hearing.

So ordered.