Westover v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

FREDA J. WESTOVER, ) CASE NO. 4:24-cv-2204 ) ) Plaintiff, ) CHIEF JUDGE SARA LIOI ) vs. ) ) MEMORANDUM OPINION COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. )

Before the Court is the report and recommendation of the Magistrate Judge in the above- entitled action recommending that defendant’s non-disability determination be overruled and this matter remanded for further administrative proceedings. (Doc. No. 14.) Under the relevant statute: [. . .] Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b)(1)(C). In this case, defendant has filed a response advising that he does not oppose remand. (Doc. No. 15.) Moreover, the fourteen-day period has elapsed and no objections have been filed by any party. The failure to file written objections to a Magistrate Judge’s report and recommendation constitutes a forfeiture of a de novo determination by the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court has reviewed the Magistrate Judge’s report and recommendation and adopts the same. Accordingly, defendant’s non-disability determination is OVERRULED and this matter is REMANDED to the Commissioner pursuant to 42 U.S.C. § 405(g) for further proceedings. IT IS SO ORDERED.

Dated: September 24, 2025 i. we HONORABLE S LIOI UNITED STATES DISTRICT JUDGE