Gurley v. Commissioner of Social Security Administration, 3:17-cv-410. (2018)
Court: District Court, S.D. Ohio
Number: infdco20180719d83
Visitors: 11
Filed: Jul. 18, 2018
Latest Update: Jul. 18, 2018
Summary: DECISION AND ENTRY THOMAS M. ROSE , District Judge . This social security case is presently before the Court on the parties' Joint Motion for Entry of Judgment with Remand. (Doc. #12). The parties stipulate and petition this Court to order remand of this case for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. 405(g) and to enter judgment pursuant to Federal Rule of Civil Procedure 58. Upon remand, the Appeals Council will vacate all findings in the Admini
Summary: DECISION AND ENTRY THOMAS M. ROSE , District Judge . This social security case is presently before the Court on the parties' Joint Motion for Entry of Judgment with Remand. (Doc. #12). The parties stipulate and petition this Court to order remand of this case for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. 405(g) and to enter judgment pursuant to Federal Rule of Civil Procedure 58. Upon remand, the Appeals Council will vacate all findings in the Adminis..
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DECISION AND ENTRY
THOMAS M. ROSE, District Judge.
This social security case is presently before the Court on the parties' Joint Motion for Entry of Judgment with Remand. (Doc. #12). The parties stipulate and petition this Court to order remand of this case for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g) and to enter judgment pursuant to Federal Rule of Civil Procedure 58.
Upon remand, the Appeals Council will vacate all findings in the Administrative Law Judge's decision. The Commissioner will conduct further proceedings, offer the claimant an opportunity to attend a de novo hearing, develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, and then issue a new decision.
IT IS THEREFORE ORDERED THAT:
1. The parties' Joint Motion for Entry of Judgment with Remand (Doc. #12) is ACCEPTED;
2. The Clerk of Court is directed to enter Judgment in Plaintiff's favor under Fed. R. Civ. P. 58;
3. This matter is REMANDED to the Social Security Administration, pursuant to sentence four of 42 U.S.C. § 405(g), for further consideration consistent with this Decision and Entry and the parties' stipulation; and
4. The case is terminated on the docket of this Court.
IT IS SO ORDERED.
Source: Leagle
