Burney v. Commissioner of SSA

Filing 21

JUDGMENT in entered in favor of Plaintiff and that the Defendant Commissioner's Decision that Plaintiff Ruby Burney was not disabled and therefore not entitled to benefits under the Social Security Act be and hereby is REVERSED and the action is REMANDED to the Defendant Commissioner for further Administrative proceedings consistent with Judge Rice's Opinion of September 22, 2009, ( Doc. 20 ). Notice of disposal attached. Signed on 9/22/2009. (sc1, )

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AO 450 (Rev. 01/09) Judgment in a Civil Action UNITED STATES DISTRICT COURT for the ____SouthernDistrict of __________ ______ District of Ohio RUBY BURNEY Plaintiff Plaintiff v. COMMISSIONER OF SOCIAL SECURITY De en dan Deffendantt ) ) ) ) ) Civil Action No. 3:07-cv-00419 WHR JUDGMENT IN A CIVIL ACTION The court has ordered that (check one): u the plaintiff (name) defendant (name) interest at the rate of dollars ($ %, plus postjudgment interest at the rate of recover from the the amount of ), which includes prejudgment %, along with costs. u the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name) recover costs from the plaintiff (name) . other: in entered in favor of Plaintiff and that the Defendant Commissioner's Decision that Plaintiff Ruby Burney was not u disabled and therefore not entitled to benefits under the Social Security Act be and hereby is REVERSED and the action is REMANDED to the Defendant Commissioner for further Administrative proceedings consistent with Judge Rice's Opinion of September 22, 2009, ( Doc. 20) . This action was (check one): u tried by a jury with Judge rendered a verdict. u tried by Judge was reached. presiding, and the jury has without a jury and the above decision . decided by Judge u Walter H. Rice on a motion for Order for Report and Recommendations Date: 09/22/2009 CLERK OF COURT s/ S. COATS Signature of Clerk or Deputy Clerk IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO Western __________ DIVISION RUBY BURNEY ___________________________________ Plaintiff Plaintiff : : : vs : : COMMISSIONER OF SOCIAL SECURITY : ___________________________________ Defendant : Defendant Case Number: 3:07-cv-00419 WHR NOTICE OF DISPOSAL PER SOUTHERN DISTRICT OF OHIO LOCAL RULES 79.2(a)&(b) 09/22/2009 The above captioned matter has been terminated on ________________________. If applicable to this case, the disposal date will be six (6) months from the above termination date. Rule 79.2(a) Withdrawal by Counsel: All depositions, exhibits or other materials filed in an action or offered in evidence shall not be considered part of the pleadings in the action, and unless otherwise ordered by the Court, shall be withdrawn by counsel without further Order within six (6) months after final termination of the action. Rule 79.2 (b) Disposal by the Clerk All depositions, exhibits or other materials not withdrawn by counsel shall be disposed of by the Clerk as waste at the expiration of the withdrawal period. JAMES BONINI, CLERK s/ S. COATS By: _________________ Deputy Clerk

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