Spence v. Commissioner of Social Security

Filing 25

DECISION AND ENTRY -Report and Recommendations 23 filed on October 2, 2013 is ADOPTED in full; Plaintiffs Motion for Leave to File Excess Pages [Doc. 22] is granted;the Commissioners final partial non-disability decision is reversed; Plaintiff Lor a Spences case is REMANDED to the Social Security Administration for payment of Disability Insurance Benefits based on her claimed disability onset date of September 1, 2003, consistent with the Social Security Act; Plaintiff Lora Spences case is REM ANDED to the Social Security Administration for payment of Supplemental Security Income based on her application protectively filed on December 26, 2007, consistent with the Social Security Act; and,this case is terminated on the docket of this Court.Signed by Judge Thomas M Rose on 10-29-2013. Signed by Judge Thomas M Rose on 10-29-2013. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LORA L. SPENCE,

:

Plaintiff,

:
Case No. 3:11cv00341

vs.

:

CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.

:

District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington

:
:

DECISION AND ENTRY
The Court has reviewed the Report and Recommendations of Chief United States
Magistrate Judge Sharon L. Ovington (Doc. #23), to whom this case was originally
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.
Accordingly, it is hereby ORDERED that:
1. The Report and Recommendations filed on October 2, 2013 (Doc. #23) is
ADOPTED in full;
2. Plaintiff’s Motion for Leave to File Excess Pages (Doc. #22) is granted;
3. The Commissioner’s final partial non-disability decision is reversed;
4. Plaintiff Lora Spence’s case is REMANDED to the Social Security
Administration for payment of Disability Insurance Benefits based on her
claimed disability onset date of September 1, 2003, consistent with the Social
Security Act;

5. Plaintiff Lora Spence’s case is REMANDED to the Social Security
Administration for payment of Supplemental Security Income based on her
application protectively filed on December 26, 2007, consistent with the Social
Security Act; and,
6. This case is terminated on the docket of this Court.
October 29, 2013

*s/THOMAS M. ROSE

_________________________
Thomas M. Rose
United States District Judge

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