Urban v. Comm'r of Soc. Sec.

Full title: TIMOTHY P. URBAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Feb 21, 2014

CASE NO. 1:13 CV 1136 (N.D. Ohio Feb. 21, 2014)

Opinion

CASE NO. 1:13 CV 1136

02-21-2014

TIMOTHY P. URBAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Lesley Wells

MEMORANDUM OF OPINION AND

ORDER ADOPTING THE

MAGISTRATE JUDGE'S REPORT AND

RECOMMENDATION AND

REMANDING FOR FURTHER

PROCEEDINGS

UNITED STATES DISTRICT JUDGE LESLEY WELLS

Plaintiff Timothy P. Urban challenges the Commissioner of Social Security's ("Commissioner") denial of his application for a Period of Disability ("POD") and Disability Insurance Benefits ("DIB"). (Docket No. 1, Complaint). This matter was automatically referred to United States Magistrate Judge Nancy A. Vecchiarelli for a Report and Recommendation ("R&R"), pursuant to Local Civil Rule 72.2(b). In her R&R, Magistrate Judge Vecchiarelli recommended this Court remand the case, because the Administrative Law Judge ("ALJ") erred when he failed to obtain vocational expert testimony to support a step five finding.

The Commissioner has filed a response to the R&R indicating that she would not be filing any objections. (#16). The Court accordingly adopts Magistrate Judge Vecchiarelli's R&R in its entirety and remand to the Commissioner for further proceedings consistent with the R&R.

IT IS SO ORDERED.

Lesley Wells

UNITED STATES DISTRICT JUDGE