Nicholas v. Commissioner of Social Security

Filing 28

AMENDED CLERK'S JUDGMENT AFFIRMING DECISION AND ENTRY (Doc. 27 ). (mr1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION YONG HUI NICHOLS, Plaintiff, CASE NO. 3:10-cv-301 Judge Timothy S. Black Magistrate Judge Sharon L. Ovington -vsCOMMISSIONER OF SOCIAL SECURITY, Defendant. _______________________________________________ AMENDED JUDGMENT IN A CIVIL CASE _______________________________________________ [ ] 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. [X] 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, IT IS ORDERED AND ADJUDGED: that the Report and Recommendations (Doc. 17) is ADOPTED in full; the Commissioner’s final decision is AFFIRMED IN PART to the extent the Administrative Law Judge determined that Plaintiff was under a “disability” as defined by the Social Security Act beginning on May 8, 2009; the Commissioner’s final decision that Plaintiff was not under a “disability” as defined by the Social Security Act is REVERSED IN REMAINING PART, and this matter is REMANDED to the Social Security Administration under Sentence Four of 42 U.S.C. §405(g) for payment of benefits to Plaintiff based on her disability onset date of July 26, 2006 consistent with the Decision and Entry, the Report and Recommendations, and the Social Security Act; and this case remains TERMINATED on the docket of this Court. Date: May 13, 2013 JOHN P. HEHMAN, CLERK By: s/ M. Rogers Deputy Clerk

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