Rothgeb v. Commissioner Of Social Security
Filing
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DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on April 11, 2009 (Doc. 11 ) is ADOPTED in full; 2. The Commissioner's non-disability finding is VACATED; 3. No finding is made as to whether Plaintiff E rnest L. Rothgeb was under a "disability" within the meaning of the Social Security Act; 4. This case is remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. §405(g) for further consideration consistent with this Decision and Entry and the Report and Recommendations; and 5. This case is terminated on the docket of this Court. Signed by Thomas M Rose on 5/6/09. (bev1, )
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
ERNEST L. ROTHGEB, Plaintiff, vs. : MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. : : : : : Case No. 3:08cv00115 : District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington
DECISION AND ENTRY
The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #11), to whom this case was originally referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that: 1. 2. 3. The Report and Recommendations filed on April 11, 2009 (Doc. #11) is ADOPTED in full; The Commissioner's non-disability finding is VACATED; No finding is made as to whether Plaintiff Ernest L. Rothgeb was under a
"disability" within the meaning of the Social Security Act; 4. This case is remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. §405(g) for further consideration consistent with this Decision and Entry and the Report and Recommendations; and This case is terminated on the docket of this Court.
*S/THOMAS M. ROSE
5. May 6, 2009
Thomas M. Rose United States District Judge
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