Blankinchip v. Social Security Administration, Commissioner

United States District Court for the Northern District of Alabama

Blankinchip v. Social Security Administration, Commissioner

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

CLAUDINE CANTRELL ) BLANKINCHIP, ) ) Plaintiff, ) ) V. ) Case No.: 5:19-cv-1914-LCB ) SOCIAL SECURITY ) ADMINISTRATION, ) COMMISIONER, ) ) Defendant. )

ORDER On October 13, 2020, U.S. Magistrate Judge Herman N. Johnson issued a Report and Recommendation in accordance with

28 U.S.C. § 636

(b)(1) recommending that the Commissioner’s decision be reversed and the case remanded for full consideration of the functionally limiting effects of Blankinchip’s necrotizing pancreas. (Doc. 10). No parties have objected to the Report and Recommendation. If a party objects to a portion of a Magistrate Judge’s report or proposed findings or recommendations, the District Court must conduct a de novo review of those portions of the report to which the party has specifically objected.

28 U.S.C. § 636

(b)(1). Unchallenged portions of a Magistrate Judge’s report are reviewed for clear error. See LoConte v. Dugger,

847 F.2d 745, 750

(11th Cir. 1988). Having reviewed the proposed findings and recommendations for clear error, the Court concludes that the Magistrate Judge’s Report and Recommendation (Doc. 10) should be ACCEPTED and hereby ADOPTS it as the findings of the Court. This Commissioner’s decision is therefore REVERSED and the case REMANDED for further consideration of the functional effects of Blankinchip’s necrotizing pancreas. The Clerk of Court is DIRECTED to close the case. DONE and ORDERED this November 10, 2020.

Ko SZ C Sha LILES C. BURKE UNITED STATES DISTRICT JUDGE

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