United States District Court, N.D. Ohio
OPINION & ORDER [RESOLVING DOC. 1]
S. GWIN, UNITED STATES DISTRICT JUDGE.
24, 2012, Plaintiff Brenda Boughter applied for Period of
Disability and Disability Insurance Benefits under Title II
of the Social Security Act. After her application was denied,
Boughter requested that an Administrative Law Judge (ALJ)
evaluate her application.
August 12, 2014, the ALJ determined that Plaintiff Boughter
was not disabled within the meanings of the Social Security
The Appeals Council denied Boughter's request for
March 24, 2016, Plaintiff Boughter filed this complaint for
wrongful denial of disability insurance
benefits. Consistent with Local Rule 72.2, the Court
referred the matter to Magistrate Judge Jonathan D.
Greenberg. On December 12, 2016, Magistrate Judge Greenberg
issued a Report and Recommendation, finding the ALJ's
determination was not supported by substantial evidence and
recommending that this Court vacate the Commissioner's
denial of disability benefits and remand the case back to the
ALJ for further proceedings.
Magistrate Judge Greenberg found that the ALJ failed to set
forth “good reasons” for discounting the opinion
of Boughter's treating physician in favor of opinions
from non-treating physicians. On December 27, 2016, the Social
Security Commissioner filed notice that the Social Security
Commissioner would not object to Magistrate Judge
Greenberg's report and recommendation.
Federal Magistrates Act requires a district court to conduct
a de novo review only of those portions of a Report and
Recommendation to which the parties have made an
objection.The Commissioner of Social Security
declined to file any objections in this case.
objection, a district court may adopt the magistrate
judge's report without review. Moreover, having
conducted its own review of the parties' briefs in this
case, the Court agrees with the conclusions of Magistrate
the Court ADOPTS in whole Magistrate Judge Greenberg's
findings of fact and conclusions of law and incorporates them
fully herein by reference. The Court thus VACATES the
Commissioner's denial of benefits and REMANDS this case
to the Administrative Law Judge for further proceedings.
 Doc. 9 at 23; see
42 U.S.C. §§ 416(i), 423 et
Id. at 114-22.