Westover v. Commissioner of Social Security

District Court, N.D. Ohio

Westover v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

FREDA J. WESTOVER, ) CASE NO. 4:24-cv-2204 ) ) Plaintiff, ) CHIEF JUDGE SARA LIOI ) vs. ) ) MEMORANDUM OPINION COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. )

Before the Court is the report and recommendation of the Magistrate Judge in the above- entitled action recommending that defendant’s non-disability determination be overruled and this matter remanded for further administrative proceedings. (Doc. No. 14.) Under the relevant statute: [. . .] Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.

28 U.S.C. § 636

(b)(1)(C). In this case, defendant has filed a response advising that he does not oppose remand. (Doc. No. 15.) Moreover, the fourteen-day period has elapsed and no objections have been filed by any party. The failure to file written objections to a Magistrate Judge’s report and recommendation constitutes a forfeiture of a de novo determination by the district court of an issue covered in the report. Thomas v. Arn,

728 F.2d 813

(6th Cir. 1984), aff’d,

474 U.S. 140

(1985); see United States v. Walters,

638 F.2d 947

(6th Cir. 1981). The Court has reviewed the Magistrate Judge’s report and recommendation and adopts the same. Accordingly, defendant’s non-disability determination is OVERRULED and this matter is REMANDED to the Commissioner pursuant to

42 U.S.C. § 405

(g) for further proceedings. IT IS SO ORDERED.

Dated: September 24, 2025 i. we HONORABLE S LIOI UNITED STATES DISTRICT JUDGE

Reference

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