Boggs v. Commissioner of Social Security
Boggs v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
Zachary B.,
Plaintiff,
v. Case No. 1:24-cv-488
Commissioner of Social Security, Judge Michael R. Barrett
Defendant. ORDER
This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on February 4, 2025. (Doc. 11). Proper notice was given to the parties under
28 U.S.C. § 636(b)(1)(C), including notice that they may forfeit rights on appeal if they failed to file objections to the R&R in a timely manner. United States v. Walters,
638 F.2d 947(6th Cir. 1981); see Berkshire v. Dahl,
928 F.3d 520, 530(6th Cir. 2019). No objections to the Magistrate Judge’s R&R (Doc. 11) have been filed. The R&R (Doc. 11) of the Magistrate Judge is hereby ACCEPTED and ADOPTED. Consistent with her recommendation, the parties’ Joint Motion to Remand (Doc. 10) is GRANTED. Accordingly, pursuant to sentence four of
42 U.S.C. § 405(g), this matter is remanded back to the Social Security Administration. Upon remand, the Appeals Council will vacate all findings in the Administrative Law Judge’s (“ALJ”) decision denying benefits and instruct the ALJ to reconsider the prior administrative medical findings and Plaintiff’s residual functional capacity. The Appeals Council will further instruct the ALJ to offer to hold a new hearing, take any additional action needed to complete the administrative record, and issue a new decision. A separate judgment in favor of Plaintiff will enter (pursuant to Fed. R. Civ. P. 58). IT IS SO ORDERED. s/Michael R. Barrett JUDGE MICHAEL R. BARRETT
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