Gayheart v. Commissioner of Social Security Administration

Filing 29

AMENDED DECISION AND ENTRY re 28 , 27 , - The Court ORDERS as follows: The ALJs non-disability finding, adverse to Plaintiff, is found unsupported by substantial evidence, and is REVERSED. This matter is REMANDED to the ALJ under the Fourth Senten ce of 42 U.S.C. § 405(g) for proceedings consistent with the Sixth Circuit's opinion; On remand, the ALJ shall determine a new Plaintiff's disability status and qualifications for Disability Insurance Benefits; and This matter shall remain terminated on the docket of the Court. Signed by Judge Thomas M Rose on 05/14/13. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CHARLES GAYHEART,
Plaintiff,

:

Case No. 3:10-cv-401

:

District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

vs.

:

COMMISSIONER OF
SOCIAL SECURITY,

:
:

Defendant.

AMENDED DECISION AND ENTRY

In light of the Sixth Circuit Court of Appeals’ decision issued in this matter on March 12,

2013, see doc. 23, and recognizing further that the Sixth Circuit has issued a mandate, and for
good cause shown, the Court ORDERS as follows:
1) The ALJ’s non-disability finding, adverse to Plaintiff, is found unsupported by
substantial evidence, and is REVERSED;
2) This matter is REMANDED to the ALJ under the Fourth Sentence of 42 U.S.C.
§ 405(g) for proceedings consistent with the Sixth Circuit’s opinion;
3) On remand, the ALJ shall determine anew Plaintiff’s disability status and
qualifications for Disability Insurance Benefits;
4) This matter shall remain terminated on the docket of the Court.
Date: May 14, 2013

s/THOMAS M. ROSE
___________________________
Thomas M. Rose
United States District Judge