Durnell v. Comm'r of Soc. Sec.

Full title: JOHN W. DURNELL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Jan 17, 2014

Case No. 2:12-cv-765 (S.D. Ohio Jan. 17, 2014)

Opinion

Case No. 2:12-cv-765

01-17-2014

JOHN W. DURNELL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

ALGENON L. MARBLEY

JUDGE ALGENON L. MARBLEY

Magistrate Judge Kemp

OPINION & ORDER

On July 23, 2013, the United States Magistrate Judge issued a Report and Recommendation in this case (Doc. 17), recommending that the Court reverse the decision of the Commissioner and remand the case to the agency in order to clarify uncertainties in the record and permit a better-supported conclusion about Plaintiff's residual functional capacity during the time period in question. The parties were specifically advised of their right to object to the Report and Recommendation and of the consequences of their failure to do so. (Id. at 13). No objection has been filed.

Since neither party has objected, and the deadline for such objections elapsed on August 9, 2013, this Court ADOPTS the Magistrate Judge's Report and Recommendation. The decision of the Commissioner is hereby REVERSED. This action is REMANDED to the Commissioner for reconsideration in accordance with this Order.

IT IS SO ORDERED.

__________

ALGENON L. MARBLEY

UNITED STATES DISTRICT JUDGE