Winbush v. Commissioner of Social Security

Filing 19

ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 18 Report and Recommendations. Accordingly, the Court ORDERS that the ALJs non-disability finding is REVERSED and this case is REMANDED to the Commissioner under sentence four. T he parties stipulate that, upon remand, the ALJ will attempt to obtain treatment records from Dr. Dillinger, updated or additional medical evidence as available. The ALJ will also, if necessary, further evaluate Plaintiffs residual functional capacity and, if warranted, obtain the testimony from a vocational expert. As no further issues remain, this case is TERMINATED from the docket. (sct1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION MARSHA WINBUSH, : : Plaintiff(s), : : vs. : : COMMISSIONER OF SOCIAL SECURITY, : : Defendant(s). :

Case Number: 1:09cv215 Chief Judge Susan J. Dlott

ORDER The Court has reviewed the Report and Recommendations of United States Magistrate Judge Timothy S. Hogan filed on December 28, 2009 (Doc. 18), to whom this case was referred pursuant to 28 U.S.C. §636(b). The Court ADOPTS said Report and Recommendation. Accordingly, the Court ORDERS that the ALJ's non-disability finding is REVERSED and this case is REMANDED to the Commissioner under sentence four. See generally Melkonyan v. Sullivan, 501 U.S. 89, 100 (1991). The parties stipulate that, upon remand, the ALJ will attempt to obtain treatment records from Dr. Dillinger, updated or additional medical evidence as available. The ALJ will also, if necessary, further evaluate Plaintiff's residual functional capacity and, if warranted, obtain the testimony from a vocational expert. As no further issues remain, this case is TERMINATED from the docket. IT IS SO ORDERED.

___s/Susan J. Dlott____________ Chief Judge Susan J. Dlott United States District Court