Opinion
5:23-cv-189
11-02-2023
BRANDY SUZANNE KELLER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION Defendant.
ORDER [RESOLVING DOC. 1]
JAMES S. GWIN UNITED STATES DISTRICT JUDGE.
Brandy Keller seeks judicial review of the Social Security Administration Commissioner's final decision denying her application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”).
Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 9, 12. Plaintiff filed a reply. Doc. 13.
On October 17, 2023, Magistrate Judge Henderson issued a Report and Recommendation (“R&R”) recommending that the Court reverse the Commissioner's final decision and remand the case to the Commissioner and to the ALJ for further consideration.On October 30, 2023, Defendant filed a response to the R&R saying that the Commissioner would not file objections.
Doc. 14.
Doc. 15.
The Federal Magistrates Act requires district courts to conduct a de novo review of only objected-to portions of an R&R. Absent objection, district courts may adopt an R&R without review.Defendant did not object to the R&R, and this Court may adopt Magistrate Judge Henderson's R&R without further review.
Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Failure to timely object may waive a party's right to appeal the district court's order adopting the R&R. Id. at 155; United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
So, the Court ADOPTS Magistrate Judge Henderson's R&R, and REVERSES and REMANDS the Commissioner's final decision.
IT IS SO ORDERED.