Smith v. Commissioner of Social Security

Filing 21

CLERK'S JUDGMENT entered pursuant to Order signed by Judge Algenon L. Marbley on 09/21/2009. (cw)

**AO 450 (Rev. 5/85) Judgment in a Civil Case

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO

JUDGMENT IN A CIVIL CASE
Charles E. Smith, Plaintiff, v. Commissioner of Social Security, Defendant. : : : : : Case No. 2:08-cv-0648 JUDGE MARBLEY

[] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. [] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. [X] Decision by Court. This action was decided by the Court without a trial or hearing.

IT IS ORDERED AND ADJUDGED That pursuant to the September 21, 2009 Order, the Commissioner's objections to the Report and Recommendation are OVERRULED, the Report and Recommendation is ADOPTED. The plaintiff's statement of errors is SUSTAINED, the decision of the Commissioner is REVERSED, and this case is REMANDED to the Commissioner for further proceedings pursuant to 42 U. S. D. §405(g), sentence four. Date: September 21, 2009 James Bonini, Clerk s/Betty L. Clark Betty L. Clark/Deputy Clerk