Pica Ortiz v. Commissioner of Social Security

District Court, N.D. Ohio

Pica Ortiz v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: ROSA E. PICA ORTIZ, : CASE NO. 1:23-cv-00879 : Plaintiff, : OPINION & ORDER : [Resolving Doc. 1] vs. : : COMMISSIONER OF SOCIAL : SECURITY ADMINISTRATION, : : Defendant. : :

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Plaintiff Rosa Pica Ortiz seeks judicial review of the Social Security Administration Commissioner’s final decision partially denying her application for Disability Insurance Benefits (“DIB”).1 On March 13, 2024, Magistrate Judge Armstrong issued a Report and Recommendation (“R&R”) recommending that the Court vacate and remand the Commissioner’s final decision in order for an ALJ to adequately consider and explain the persuasiveness of Dr. Monica Seo’s medical expert opinion.2 Objections to the R&R were due by March 27, 2024. Neither party objected. The Federal Magistrates Act requires district courts to conduct a review of only objected-to portions of an R&R.3 Absent objection, district courts may adopt an R&R without review.4 Neither party objected to the R&R, and this Court may adopt Magistrate

1 Doc. 1. Plaintiff and Defendant filed merits briefs. Docs. 8, 9. Plaintiff filed a reply. Doc. 10. 2 Doc. 11. 3

28 U.S.C. § 636

(b)(1). Judge Armstrong’s R&R without further review. Accordingly, the Court ADOPTS Magistrate Judge Armstrong’s R&R, and VACATES and REMANDS the Commissioner’s final decision for further proceedings consistent with this order. IT IS SO ORDERED.

Dated: April 17, 2024 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

district court’s order adopting the R&R. . at 155; ,

638 F.2d 947

, 949–50 (6th Cir. 1981)

Reference

Status
Unknown