Whalen v. Commissioner of Social Security

N.D. Ohio

Whalen v. Commissioner of Social Security

DecidedJune 25, 2025

Docket1:24-cv-01928

StatusUnknown

This text of Whalen v. Commissioner of Social Security (Whalen v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Whalen v. Commissioner of Social Security, (N.D. Ohio 2025).

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

TAMMY M. WHALEN, ) CASE NO. 1:24-cv-1928 ) ) Plaintiff, ) CHIEF JUDGE SARA LIOI ) vs. ) ) MEMORANDUM OPINION ) AND ORDER ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) ) Defendants. )

Before the Court is the report and recommendation of the magistrate judge in the above- entitled action. (Doc. No. 11.) 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). No objections have been filed to the magistrate judge’s report and recommendation, and the time for filing objections has passed. The failure to file written objections to a magistrate judge's report and recommendation constitutes a waiver 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, the decision of the Commissioner of Social Security is overruled, and the matter is remanded for further proceedings consistent with the report and recommendation. IT IS SO ORDERED.

Dated: June 25, 2025 Bs a HONORABLE SARA LIOI CHIEF JUDGE UNITED STATES DISTRICT COURT

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

TAMMY M. WHALEN, ) CASE NO. 1:24-cv-1928 ) ) Plaintiff, ) CHIEF JUDGE SARA LIOI ) vs. ) ) MEMORANDUM OPINION ) AND ORDER ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) ) Defendants. )

Before the Court is the report and recommendation of the magistrate judge in the above- entitled action. (Doc. No. 11.) 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). No objections have been filed to the magistrate judge’s report and recommendation, and the time for filing objections has passed. The failure to file written objections to a magistrate judge's report and recommendation constitutes a waiver 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, the decision of the Commissioner of Social Security is overruled, and the matter is remanded for further proceedings consistent with the report and recommendation. IT IS SO ORDERED.

Dated: June 25, 2025 Bs a HONORABLE SARA LIOI CHIEF JUDGE UNITED STATES DISTRICT COURT

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