BOUGHNER v. COMMISSIONER OF SOCIAL SECURITY

Case No. 4:16-cv-01858-DAP.

DENISE KAY BOUGHNER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Editors Note
Applicable Law: 42 U.S.C. § 205
Cause: 42 U.S.C. § 205 Denial Social Security Benefits
Nature of Suit: 863 Social Security: DIWC / DIWW
Source: PACER


Attorney(s) appearing for the Case

Denise Kay Boughner, Plaintiff, represented by Suzanne J. Hayden .

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


ORDER ADOPTING REPORT AND RECOMMENDATION

DAN AARON POLSTER, District Judge.

Before the Court is the Report and Recommendation of Magistrate Judge Thomas M. Parker ("R & R"), Doc #. 17, which recommends that the Court affirm the Commissioner's final decision. The R & R was filed on May 22, 2017. It is now June 9, and no objections to the R & R have been filed.

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). The failure to timely file written objections to a Magistrate Judge's R & R constitutes a waiver of the right to obtain a de novo review of the R & R in the district court. United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The failure to file written objections also results in a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985).

Here, the time for objection has passed and no objections have been filed. Nonetheless, the Court has reviewed the magistrate judge's thorough R & R. The Court agrees with the Magistrate Judge that the ALJ did not err in considering and weighing the medical evidence submitted in this case, determining Boughner's RFC, or forming hypothetical questions to the VE. Consequently, the Court agrees with the Magistrate Judge that the Commissioner's final decisions should be affirmed.

Accordingly, the Court ADOPTS the R & R, Doc. # 17, in full and DISMISSES the above-captioned case.

IT IS SO ORDERED.

JUDGMENT ENTRY

For the reasons stated in the Order Adopting Report and Recommendation filed contemporaneously with this Judgment Entry, and pursuant to Federal Rule of Civil Procedure 58, it is hereby ORDERED, ADJUDGED, AND DECREED that the above-captioned case is hereby terminated as final.


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