Dombeck v. Commissioner of Social Security Administration

District Court, N.D. Ohio

Dombeck v. Commissioner of Social Security Administration

Trial Court Opinion

PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

RACHEL R. DOMBECK, ) ) CASE NO. 5:20CV2831 Plaintiff, ) ) v. ) JUDGE BENITA Y. PEARSON ) KILOLO KIJAKAZI' ) ACTING COMMISSIONER OF ) SOCIAL SECURITY, ) ) MEMORANDUM OF OPINION Defendant. ) AND ORDER

An Administrative Law Judge (“ALJ”) denied Plaintiff Rachel R. Dombeck’s applications for period of disability (“POD”),disability insurance benefits (“DIB”) and 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 the Court referred the case to Magistrate Judge Jonathan D. Greenberg for preparation of a report and recommendation pursuant to

28 U.S.C. § 636

and Local Rule 72.2(b)(1). On January 3, 2022, the magistrate judge submitted a Report (ECF No. 14) recommending that the Court affirm the Commissioner’s decision. Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be

' Andrew M. Saul was the original Defendant. He was sued in an official capacity as a public officer. On July 9, 2021, Kilolo Kijakazi became the Acting Commissioner of Social Security. Pursuant to Fed. R. Civ. P. 25(d), Kijakazi’s name has been automatically substituted as a party.

(5:20CV2831) filed within 14 days after service. Objections to the magistrate judge’s Report were, therefore, due on January 18, 2022. Neither party has filed 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 & Recommendation of the magistrate judge is hereby adopted. The decision of the Commissioner of Social Security is affirmed. Judgment will be entered in favor of Defendant.

IT ISSO ORDERED.

January 19, 2022 /s/ Benita Y. Pearson Date Benita Y. Pearson United States District Judge

Reference

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