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Tirey v. Astrue

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
Feb 27, 2013
Civil Action 2:12-cv-80 (S.D. Ohio Feb. 27, 2013)

Opinion

Civil Action 2:12-cv-80

02-27-2013

SHAWNI L. TIREY, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.


Judge George C. Smith

Magistrate Judge Deavers


ORDER

This matter is before the Court for consideration of the United States Magistrate Judge's February 5, 2013 Report and Recommendation. (ECF No. 16.) The Magistrate Judge recommended that the Court reverse the Commissioner of Social Security's non-disability finding and remand this case to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) for further consideration consistent with her Report and Recommendation.

The Report and Recommendation advises the parties that the failure to object to the within fourteen days results in a "waiver of the right to have the district judge review the Report and Recommendation de novo." (Report and Recommendation 16-17, ECF No. 16.) The time period for filing objections to the Report and Recommendation has expired. Neither party has objected.

The Court has reviewed the Report and Recommendation. Noting that no objections have been filed and that the time for filing such objections expired, the Court ADOPTS the Report and Recommendation. Accordingly, the Commissioner of Social Security's non-disability finding is REVERSED and this action is REMANDED to the Commissioner and the ALJ under Sentence Four of § 405(g) for further consideration consistent with the Magistrate Judge's February 5, 2013 Report and Recommendation.

IT IS SO ORDERED.

______________________

GEORGE C. SMITH , JUDGE

UNITED STATES DISTRICT COURT


Summaries of

Tirey v. Astrue

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
Feb 27, 2013
Civil Action 2:12-cv-80 (S.D. Ohio Feb. 27, 2013)
Case details for

Tirey v. Astrue

Case Details

Full title:SHAWNI L. TIREY, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL…

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

Date published: Feb 27, 2013

Citations

Civil Action 2:12-cv-80 (S.D. Ohio Feb. 27, 2013)