Lucas v. Comm'r of Soc. Sec. Admin.

Full title: CHRISTOPHER P. LUCAS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court: United States District Court, N.D. Ohio

Date published: Jan 10, 2022

1:20-cv-01791 (N.D. Ohio Jan. 10, 2022)

Opinion

1:20-cv-01791

01-10-2022

CHRISTOPHER P. LUCAS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.

JAMES S. GWIN UNITED STATES DISTRICT JUDGE

OPINION & ORDER [RESOLVING DOC. 1]

JAMES S. GWIN UNITED STATES DISTRICT JUDGE

Plaintiff Christopher Lucas seeks judicial review of the Defendant Commissioner of Social Security final decision denying Supplemental Security Income. On November 30, 2021, Magistrate Judge Darrell A. Clay recommended that the Court reverse and remand the Commissioner's decision.¹

1 Doc. 17.

Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of a Report and Recommendation to which the parties have objected.²Absent objection, a district court may adopt a Report and Recommendation without review.³

2 28 U.S.C. § 636(b)(1).

3 Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b).

Here, no party has objected to the Report and Recommendation, so this Court may adopt the Report and Recommendation without further review. Moreover, having conducted its own review of the petition and record, the Court agrees with Judge Clay's findings that the ALJ decision failed to adequately consider the opinion of Lucas's treating physician.

Accordingly, the Court ADOPTS Judge Clay's Report and Recommendation, incorporating it fully herein by reference, REVERSES the Commissioner's final decision, and REMANDS this case consistent with the Report and Recommendation.

IT IS SO ORDERED.