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Fischer v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION
Mar 18, 2021
Civil Action No. 3:19-cv-771-DJH-CHL (W.D. Ky. Mar. 18, 2021)

Opinion

Civil Action No. 3:19-cv-771-DJH-CHL

03-18-2021

LATORIA CAPRICE FISCHER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


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ORDER

Plaintiff Latoria Caprice Fischer filed this action seeking review of the decision by Defendant Commissioner of Social Security to deny Fischer's claim for supplemental security income. (Docket No. 1) The case was referred to Magistrate Judge Colin H. Lindsay for report and recommendation. Judge Lindsay issued his Report and Recommendation on February 10, 2021, recommending that the Commissioner's decision be reversed and that the matter be remanded to the Commissioner for reconsideration with instruction to conduct additional proceedings to remedy the defects in the original proceedings. (D.N. 15) The time for objections to the magistrate judge's recommendation has now run, with no objections filed. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2).

Because no party has objected to the report and recommendation, the Court may adopt it without review. See Thomas v. Arn, 474 U.S. 140, 150 (1985). Nevertheless, the Court has conducted its own review of the record and finds no error in the magistrate judge's conclusions. Accordingly, and the Court being otherwise sufficiently advised, it is hereby

ORDERED as follows:

(1) The Report and Recommendation of Magistrate Judge Colin H. Lindsay (D.N. 15) is ADOPTED in full and INCORPORATED by reference herein.

(2) The final decision of the Commissioner is REVERSED, and the matter is REMANDED, pursuant to sentence four of 42 U.S.C. § 405(g), to the Commissioner for reconsideration with instruction to conduct additional proceedings to remedy the defects identified in the Report and Recommendation. (D.N. 15) March 18, 2021

/s/

David J. Hale, Judge

United States District Court


Summaries of

Fischer v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION
Mar 18, 2021
Civil Action No. 3:19-cv-771-DJH-CHL (W.D. Ky. Mar. 18, 2021)
Case details for

Fischer v. Comm'r of Soc. Sec.

Case Details

Full title:LATORIA CAPRICE FISCHER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION

Date published: Mar 18, 2021

Citations

Civil Action No. 3:19-cv-771-DJH-CHL (W.D. Ky. Mar. 18, 2021)