Mullins v. Commissioner of Social Security Administration

Filing 19

ENTRY AND ORDER OVERRULING MULLINS' OBJECTIONS (Doc. 17 ) TO THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS ; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 16 ) IN ITS ENTIRETY; REMANDING THIS MATTER TO THE COMMISSIONER FOR FURTHER ADMINISTRATIVE PROCEEDINGS AND TERMINATINGTHIS CASE. Signed by Judge Thomas M Rose on 9/19/2011. (sc1)

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

Case No. 3:10-cv-404

vs.

Judge Thomas M. Rose

MICHAEL J. ASTRUE,
Commissioner of Social Security,

Magistrate Judge Michael R. Merz

Defendant.
______________________________________________________________________________
ENTRY AND ORDER OVERRULING MULLINS’ OBJECTIONS (Doc.
#17) TO THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS ; ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATIONS (Doc. #16) IN ITS ENTIRETY;
REMANDING THIS MATTER TO THE COMMISSIONER FOR
FURTHER ADMINISTRATIVE PROCEEDINGS AND TERMINATING
THIS CASE
______________________________________________________________________________
Plaintiff Eric Mullins (“Mullins”) brought this action pursuant to 42 U.S.C. § 405(g) for
judicial review of the partially unfavorable decision of the Defendant Commissioner of Social
Security (the “Commissioner”) regarding his application for Social Security disability benefits
(“SSD”). Seven months after the Commissioner filed his answer and about three months after
Mullins filed his Statement of Errors, the Commissioner filed a Motion for Voluntary Remand.
(Doc. #13.)
On August 12, 2011, United States Magistrate Judge Michael R. Merz entered a Report
and Recommendations (doc. #16) recommending that the Commissioner’s Motion for Voluntary
Remand be granted. Mullins subsequently filed Objections (doc. #17) and the Commissioner

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responded to Mullins’ Objections (doc. #18). This matter is, therefore, ripe for decision.
The Commissioner has moved the Court to enter an order and judgment reversing the
Commissioner’s final decision in this matter with remand to the Commissioner for the purpose
of conducting further administrative proceedings and issuing a new decision. Mullins opposes
the Commissioner’s Motion arguing that the matter should be remanded for the payment of
benefits.
Based upon the reasoning and citations of authority set forth in the Magistrate Judge’s
Report and Recommendations (doc. #16) and in Mullins’ Objections (doc. #17) and the
Commissioner’s Response (doc. #18), as well as upon a thorough de novo review of this Court’s
file, including the Administrative Transcript, and a thorough review of the applicable law, this
Court adopts the aforesaid Report and Recommendations in its entirety and, in so doing, grants
the Commissioner’s Motion for Voluntary Remand. Further, Mullins’ Objections to the
Magistrate Judge’s Report and Recommendations are overruled. Finally, the captioned cause is
hereby ordered terminated upon the docket records of the United States District Court for the
Southern District of Ohio, Western Division, at Dayton.
DONE and ORDERED in Dayton, Ohio, this Nineteenth Day of September, 2011.
.

s/Thomas M. Rose
_____________________________________
JUDGE THOMAS M. ROSE
UNITED STATES DISTRICT COURT

Copies furnished to: Counsel of Record

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