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BOYER v. COLVIN, 3:14cv00256. (2014)

Court: District Court, S.D. Ohio Number: infdco20141028811 Visitors: 18
Filed: Oct. 21, 2014
Latest Update: Oct. 21, 2014
Summary: REPORT AND RECOMMENDATIONS 1 SHARON L. OVINGTON, Chief Magistrate Judge. This case is before the Court upon the parties' Joint Motion For Remand. (Doc. #5). In light of the parties' agreement, the Court finds that an Order entering judgment in Plaintiff's favor and against Defendant, and remanding this matter to the Social Security Administration under sentence four of 42 U.S.C. 405(g) for further administrative proceedings, is warranted. The parties agree that, on remand, "the Appeals Coun
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REPORT AND RECOMMENDATIONS1

SHARON L. OVINGTON, Chief Magistrate Judge.

This case is before the Court upon the parties' Joint Motion For Remand. (Doc. #5). In light of the parties' agreement, the Court finds that an Order entering judgment in Plaintiff's favor and against Defendant, and remanding this matter to the Social Security Administration under sentence four of 42 U.S.C. §405(g) for further administrative proceedings, is warranted.

The parties agree that, on remand, "the Appeals Council will vacate all findings in the Administrative Law Judge's decision, and the Commissioner will conduct further proceedings and develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act." (Doc. #5, PageID# 23).

IT IS THEREFORE RECOMMENDED THAT:

1. The parties' Joint Motion For Remand (Doc. #5) be GRANTED; 2. The Clerk of Court be directed to enter Judgment in favor of Plaintiff and against Defendant reversing Defendant's final decision and remanding this matter to the Social Security Administration pursuant to sentence four of 42 U.S.C. §405(g) for further proceedings consistent with an Order adopting this Report and Recommendations; and 3. The case be terminated on the docket of this Court.

FootNotes


1. Attached hereto is a NOTICE to the parties regarding objections to this Report and Recommendations.
Source:  Leagle

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