Miranda v. Commissioner of Social Security

District Court, N.D. Ohio

Miranda v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Jackie Miranda, Case No. 3:21-cv-8

Plaintiff

v. MEMORANDUM OPINION AND ORDER

Commissioner of Social Security,

Defendant

Before me is the Report and Recommendation (“R & R”) of Magistrate Judge Carmen E. Henderson filed on February 8, 2022. (Doc. No. 21). Under the relevant statute: Within [fourteen (14)] days after being served a copy of these proposed Findings and Recommendation, any party who wishes to object must file and serve written objections or further appeal is waived.

United States v. Campbell,

261 F.3d 628, 631-32

(6th Cir. 2001) (citation omitted); see also

28 U.S.C. § 636

(b)(1) (effective Dec. 1, 2009); Fed. R. Civ. P. 72(b)(2). In this case, the fourteen-day window for objections has elapsed, and no objections have been filed. Following review of Judge Henderson’s R & R, I adopt it in its entirety as the Order of the Court. I agree with Judge Henderson’s conclusion that substantial evidence supports the ALJ’s RFC determination that Plaintiff was limited to standing or walking four hours in an eight-hour workday is supported by substantial evidence. Judge Henderson also properly concluded the ALJ’s failure to consider evidence dated after Plaintiff’s date of last insured was a harmless error. Therefore, the Commissioner’s decision is affirmed, and this case is dismissed. So Ordered. s/ Jeffrey J. Helmick United States District Judge

Reference

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