Gallagher v. Comm'r of Soc. Sec.

Full title: JOHN M. GALLAGHER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

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

Date published: Feb 21, 2018

Case No. 1:17-cv-00577 (S.D. Ohio Feb. 21, 2018)

Opinion

Case No. 1:17-cv-00577

02-21-2018

JOHN M. GALLAGHER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Bowman, M.J.

Dlott, J.

REPORT AND RECOMMENDATION

Pursuant to local practice, this social security case has been referred to the undersigned magistrate judge for initial review and a report and recommendation. On February 20, 2018, the parties filed a joint motion for remand to the Commissioner of Social Security (doc. 12).

Accordingly, it is RECOMMENDED THAT:

The parties' Joint Motion to Remand (Doc. 12) should be GRANTED, with the Commissioner's decision to be reversed and remanded for further consideration under sentence four of 42 U.S.C. § 405(g), in accordance with the parties' motion. Upon remand, judgment should be entered pursuant to Fed. R. Civ. 58.

s/Stephanie K . Bowman

Stephanie K. Bowman

United States Magistrate Judge

NOTICE

Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to this Report & Recommendation ("R&R") within FOURTEEN (14) DAYS of the filing date of this R&R. That period may be extended further by the Court on timely motion by either side for an extension of time. All objections shall specify the portion(s) of the R&R objected to, and shall be accompanied by a memorandum of law in support of the objections. A party shall respond to an opponent's objections within FOURTEEN (14) DAYS after being served with a copy of those objections. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6^th Cir. 1981).