Miller v. Commissioner of Social Security

Filing 13

Judgment with attached Notice of Disposal. This case is remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. §405(g) for further consideration. Case Terminated. Signed on 8/10/12. (cib1)

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AO 450 (Rev. 01/09) Judgment in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Ohio __________ District of __________ Mary E. Miller Plaintiff Plaintiff v. Commissioner of Social Security Defendant Defendant ) ) ) ) ) Civil Action No. 3:11CV284 JUDGMENT IN A CIVIL ACTION The court has ordered that (check one): u the plaintiff (name) defendant (name) recover from the the amount of ), which includes prejudgment %, along with costs. dollars ($ %, plus postjudgment interest at the rate of interest at the rate of u the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name) recover costs from the plaintiff (name) . ✔ other: The Commissioner's non-disability finding is vacated; No finding is made as to whether Plaintiff Mary E. Miller is under a u “disability” within the meaning of the Social Security Act; This case is remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. §405(g) for further consideration. . This action was (check one): u tried by a jury with Judge rendered a verdict. u tried by Judge was reached. ✔ decided by Judge u presiding, and the jury has without a jury and the above decision Thomas M. Rose on a motion for Order for Report and Recommendations Date: 08/10/2012 CLERK OF COURT C. Berry Signature of Clerk or Deputy Clerk IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO Western __________ DIVISION Mary E. Miller ___________________________________ Plaintiff Plaintiff vs Commissioner of Social Security ___________________________________ Defendant Defendant : : : : : : : Case Number: 3:11CV284 NOTICE OF DISPOSAL PER SOUTHERN DISTRICT OF OHIO LOCAL RULES 79.2(a)&(b) 08/10/2012 The above captioned matter has been terminated on ________________________. If applicable to this case, the disposal date will be six (6) months from the above termination date. Rule 79.2(a) Withdrawal by Counsel: All depositions, exhibits or other materials filed in an action or offered in evidence shall not be considered part of the pleadings in the action, and unless otherwise ordered by the Court, shall be withdrawn by counsel without further Order within six (6) months after final termination of the action. Rule 79.2 (b) Disposal by the Clerk All depositions, exhibits or other materials not withdrawn by counsel shall be disposed of by the Clerk as waste at the expiration of the withdrawal period. JAMES BONINI, CLERK C. Berry By: _________________ Deputy Clerk

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