Keller v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO : BRANDY SUZANNE KELLER, : CASE NO. 5:23-cv-189 : Plaintiff, : ORDER : [Resolving Doc. 1] v. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION : : Defendant. : JAMES S. GWIN, UNITED STATES DISTRICT COURT 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”).1 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.2 On October 30, 2023, Defendant filed a response to the R&R saying that the Commissioner would not file objections.3 The Federal Magistrates Act requires district courts to conduct a review of only objected-to portions of an R&R.4 Absent objection, district courts may adopt an R&R

1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 9, 12. Plaintiff filed a reply. Doc. 13. 2 Doc. 14. 3 Doc. 15. without review.5 Defendant did not object to the R&R, and this Court may adopt Magistrate Judge Henderson’s R&R without further review.

So, the Court ADOPTS Magistrate Judge Henderson’s R&R, and REVERSES and REMANDS the Commissioner’s final decision. IT IS SO ORDERED.

Dated: November 2, 2023 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

5 , 474 U.S. 140, 149–52 (1985). Failure to timely object may waive a party’s right to appeal the district