Suttles v. Commissioner of Social Security

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Report and Recommendation in all respects. The Court thus REMANDS this case pre-judgment under sentence six of 42 U.S.C. § 405(g) for a hearing consistent with the mandates set forth in the Magistrate Judge's Report and Recommendation. Accordingly, the Court shall retain jurisdiction of this matter until after the entry of final judgment after remand. Signed by Judge S Arthur Spiegel on 7/9/2013. (km1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION TAMMY SUTTLES, : : : : : : : : : : : Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, NO. 1:12-CV-00658 OPINION & ORDER Defendant. This matter is before the Court on the Magistrate Judge’s Report and Recommendation, in which she recommends that the decision of the Commissioner to deny Plaintiff’s application for Supplemental Security Income benefits be reversed because it is not supported by substantial evidence in the record and that the case be remanded pre-judgment under sentence six for, among other things, consideration of new and material evidence (doc. 13). No objections to her Report and Recommendation were filed. Having reviewed this matter pursuant to 28 U.S.C. § 636, the Court ADOPTS and AFFIRMS the Magistrate Judge’s Report and Recommendation (doc. 13) in all respects. The Court thus REMANDS this case pre-judgment under sentence six of 42 U.S.C. § 405(g) for a hearing consistent with the mandates set forth in the Magistrate Judge’s Report and Recommendation. 1 Accordingly, the Court shall retain jurisdiction of this matter until after the entry of final judgment after remand. SO ORDERED. Dated: July 9, 2013 s/S. Arthur Spiegel________________ S. Arthur Spiegel United States Senior District Judge 2

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