Tenney v. Commissioner of Social Security Administration

District Court, N.D. Ohio

Tenney v. Commissioner of Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: KATHRYN A. TENNEY, : CASE NO. 4:20-cv-01569 : Plaintiff, : OPINION & ORDER : [Resolving Doc. 1] vs. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : :

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Kathryn A. Tenney seeks judicial review of the Social Security Administration Commissioner’s final decision that denied her application for Supplemental Security Income (“SSI”).1 On September 7, 2021, Magistrate Judge Carmen E. Henderson filed a Report and Recommendation (“R&R”). The R&R recommended the Court reverse and remand the Commissioner’s final decision.2 On September 14, 2021, Defendant filed a response to the R&R saying that the Commissioner would not file objections.3 The Federal Magistrates Act requires district courts to conduct a review of only objected-to portions of an R&R.4 Absent objection, district courts may adopt an R&R without review.5 Defendant did not object to the R&R, and this Court may adopt Magistrate

1 Doc. 1. Plaintiff and the Commissioner filed merits briefs. Doc. 14 and Doc. 16. Plaintiff filed a reply. Doc. 18. 2 Doc. 19. 3 Doc. 20. 4

28 U.S.C. § 636

(b)(1). 5 ,

474 U.S. 140

, 149–52 (1985). Failure to timely object may waive a party’s right to appeal the Judge Henderson’s R&R without further review. Accordingly, the Court ADOPTS Magistrate Judge Henderson’s R&R, and REVERSES and REMANDS the Commissioner’s final decision. IT IS SO ORDERED.

Dated: September 24, 2021 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

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