Bishop v. Commissioner of Social Security

Filing 13

ORDER: 1. The Report and Recommendations filed on October 21, 2009 (Doc. 12 ) is ADOPTED in full; 2. The Commissioner's non-disability finding is VACATED; 3. No finding is made regarding whether Plaintiff was under a "disability" wit hin the meaning of the Social Security Act; 4. This matter 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 the Report (Doc. 12 ) and this Decision and Entry; and 5. This case is terminated on the docket of this Court. Signed by Judge Thomas M Rose on 11/10/09. (bac1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON RITA BISHOP, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. : : : : : : Case No. 3:08cv00375 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. #12), 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. 4. The Report and Recommendations filed on October 21, 2009 (Doc. #12) is ADOPTED in full; The Commissioner's non-disability finding is VACATED; No finding is made regarding whether Plaintiff was under a "disability" within the meaning of the Social Security Act; This matter 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 the Report (Doc. #12) and this Decision and Entry; and 5. This case is terminated on the docket of this Court. THOMAS M. ROSE November 10, 2009 Thomas M. Rose United States District Judge 2

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