Morgan v. Commissioner of Social Security, 3:17-CV-227. (2018)
Court: District Court, S.D. Ohio
Number: infdco20180425e36
Visitors: 9
Filed: Apr. 24, 2018
Latest Update: Apr. 24, 2018
Summary: ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 25), ADOPTING REPORT AND RECOMMENDATIONS (DOC. 24), REVERSING THE COMMISSIONER'S NON-DISABILITY FINDING, REMANDING THE MATTER TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION, AND TERMINATING THIS CASE THOMAS M. ROSE , District Judge . This Social Security disability benefits appeal is before the Court on the Objections (Doc. 25) filed by the Commissioner of Social Security ("Commissi
Summary: ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 25), ADOPTING REPORT AND RECOMMENDATIONS (DOC. 24), REVERSING THE COMMISSIONER'S NON-DISABILITY FINDING, REMANDING THE MATTER TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION, AND TERMINATING THIS CASE THOMAS M. ROSE , District Judge . This Social Security disability benefits appeal is before the Court on the Objections (Doc. 25) filed by the Commissioner of Social Security ("Commissio..
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ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 25), ADOPTING REPORT AND RECOMMENDATIONS (DOC. 24), REVERSING THE COMMISSIONER'S NON-DISABILITY FINDING, REMANDING THE MATTER TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION, AND TERMINATING THIS CASE
THOMAS M. ROSE, District Judge.
This Social Security disability benefits appeal is before the Court on the Objections (Doc. 25) filed by the Commissioner of Social Security ("Commissioner") to Magistrate Judge Michael J. Newman's Report and Recommendations ("Report") (Doc. 24). Magistrate Judge Newman recommended that the Administrative Law Judge's non-disability finding be found unsupported by substantial evidence in the record and reversed. Magistrate Judge Newman further recommended that this matter be remanded to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings. The Commissioner filed Objections (Doc. 25) to the Report, in response to which Plaintiff Buster R. Morgan filed a Response (Doc. 26). This matter is ripe for review.
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that the Commissioner's Objections (Doc. 25) to the Report (Doc. 24) are not welltaken and are hereby OVERRULED. The Court ADOPTS the Report (Doc. 24) and rules as follows:
1. The Administrative Law Judge's non-disability finding is unsupported by substantial evidence in the record and REVERSED;
2. This case is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings consistent with this opinion; and
3. This case is TERMINATED on the docket of this Court.
DONE and ORDERED.
Source: Leagle