HARBIN v. BERRYHILL

Case No. 1:16CV1905.

CHRISTOPHER J. HARBIN, Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.

United States District Court, N.D. Ohio, Eastern Division.

Editors Note
Applicable Law: 42 U.S.C. § 425
Cause: 42 U.S.C. § 425 Social Security Benefits
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER


Attorney(s) appearing for the Case

Christopher J Harbin, Plaintiff, represented by Matthew J. Shupe , Law Office of Paulette F. Balin.

Christopher J Harbin, Plaintiff, represented by Paulette F. Balin , Law Office of Paulette F. Balin.

Commissioner of Social Security, Defendant, represented by Erin Brizius , Office of the U.S. Attorney.


MEMORANDUM OF OPINION AND ORDER RE: VACATING COMMISSIONER'S DECISION

BENITA Y. PEARSON, District Judge.

An Administrative Law Judge ("ALJ") denied Plaintiff Christopher J. Harbin's application for supplemental security income ("SSI") after a hearing in the above-captioned case. That decision became the final determination of the Commissioner of Social Security when the Appeals Council denied the request to review the ALJ's decision. The claimant sought judicial review of the Commissioner's decision, and this Court referred the case to Magistrate Judge Thomas M. Parker for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(1). On May 25, 2017, the magistrate judge submitted a Report and Recommendation (ECF No. 20) recommending that the Court vacate the Commissioner's decision and remand the case to the Commissioner.

Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be filed within 14 days after service. On June 8, 2017, the Commissioner filed a Response to Magistrate Judge's Report and Recommended Decision (ECF No. 21), which states that the Commissioner will not be filing objections. Furthermore, Plaintiff has not filed any objections, evidencing satisfaction with the magistrate judge's recommendations. Any further review by this Court would be a duplicative and inefficient use of the Court's limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).

Accordingly, the Report and Recommendation of the magistrate judge is hereby adopted. The Court will vacate the decision of the Commissioner of Social Security and remand this case to the Commissioner for rehearing and a new decision.

IT IS SO ORDERED.

FootNotes


1. Carolyn W. Colvin was the original Defendant. She was sued in an official capacity as a public officer. On January 23, 2017, Nancy A. Berryhill became the Acting Commissioner of Social Security. Pursuant to Fed. R. Civ. P. 25(d), Berryhill's name has been automatically substituted as a party.

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