Still v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

JERRY STILL,

Plaintiff, Case No. 1:18-cv-837 v. JUDGE DOUGLAS R. COLE Magistrate Judge Litkovitz COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER

This cause comes before the Court on the Magistrate Judge’s March 20, 2020, Report and Recommendation (“R&R”) (Doc. 13). The Magistrate Judge recommends that the Court REVERSE the Commissioner’s decision and REMAND the case for an award of benefits pursuant to Sentence Four of 42 U.S.C. § 405(g). The R&R advised both parties that a failure to object within the 14 days specified by the R&R may result in forfeiture of rights on appeal, which includes the right to District Court review. (See Doc. 13, #1887). See also Thomas v. Arn, 474 U.S. 140, 152 (1985) (“There is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate’s report to which no objections are filed.”); Berkshire v. Beauvais, 928 F.3d 520, 530 (6th Cir. 2019) (noting “fail[ure] to file an objection to the magistrate judge’s R&R … is forfeiture, not waiver”) (emphasis in original); 28 U.S.C. § 636(b)(1)(C). The time for filing objections has passed and none have been filed. Therefore, the Court ADOPTS the Report and Recommendation, REVERSES the Commissioner’s decision, and REMANDS the case for an award of benefits pursuant to Sentence Four of 42 U.S.C. § 405(g). SO ORDERED.

April 17, 2020 DATE DOUGLAS R. COLE UNITED STATES DISTRICT JUDGE