Maddex v. Commissioner of Social Security Administration

Filing 12

DECISION AND ENTRY: 1. The Report and Recommendations filed on May 2, 2011 (Doc. # 11 ) are ADOPTED in full; 2. The ALJ's decision is VACATED; 3. No finding is made regarding whether Plaintiff is under a "disability" within the meanin g of the Social Security Act; 4. This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendations and this Decision; and 5. The case is TERMINATED on the docket of this Court. Signed by Judge Thomas M Rose on 5/23/11. (bac1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MELANIE MADDEX,

:

Plaintiff,

:
Case No. 3:10CV159

vs.

:

MICHAEL J. ASTRUE,
Commissioner of the Social
Security Administration,
Defendant.

:

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 originally was 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 THEREFORE IS ORDERED THAT:
1.

The Report and Recommendations filed on
May 2, 2011 (Doc. #11) are ADOPTED in
full;

2.

The ALJ’s decision is VACATED;

3.

No finding is made regarding whether Plaintiff is
under a “disability” within the meaning of the
Social Security Act;

4.

This matter is REMANDED to the Social
Security Administration pursuant to
Sentence Four of 42 U.S.C. § 405(g) for
further proceedings consistent with the
Report and Recommendations and this
Decision; and

5.

The case is TERMINATED on the docket of this
Court.

May 23, 2011

*s/THOMAS M. ROSE

Thomas M. Rose
United States District Judge

-2-