Barber v. Commissioner of Social Security

Filing 17

ORDER - Accordingly, the Commissioners motion 14 is now STAYED. This case shall proceed as follows: 1.) The Commissioners Memorandum in Opposition to Plaintiffs Statement of Errors (doc. 10) shall be filed on or before March 3, 2014; and 2.) Plaintiffs Reply, if any, shall be filed by March 14, 2014. Signed by Magistrate Judge Michael J Newman on 02/04/14. (pb1)

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

Case No. 3:13-CV-110

vs.
COMMISSIONER OF
SOCIAL SECURITY,

District Judge Timothy S. Black
Magistrate Judge Michael J. Newman

Defendants.
ORDER
Now before the Court is the Commissioner’s Motion for Voluntary Remand (doc. 14).
The motion is opposed by Plaintiff. See doc. 15. The Commissioner seeks to voluntarily
reverse the ALJ’s non-disability finding pursuant to the Fourth Sentence of 42 U.S.C. § 405(g),
and remand this matter to the ALJ for additional proceedings and reconsideration of Plaintiff’s
disability status. See doc. 14 at PageID 98. The Court notes, first, that it will need to consider
the appropriateness of the ALJ’s non-disability finding, and whether or not remand should occur
here, among other issues, when it considers this case on the merits. Second, the Court also notes
that the instant motion is opposed by Plaintiff. See doc. 15. For these reasons, the Court
believes the most appropriate course here is not to rule on the motion at this time, but to consider
this motion, hereafter, when the Court reviews this case on the merits.

Accordingly, the

Commissioner’s motion is now STAYED. This case shall proceed as follows:
1.)

The Commissioner’s Memorandum in Opposition to Plaintiff’s Statement of
Errors (doc. 10) shall be filed on or before March 3, 2014; and

2.)

Plaintiff’s Reply, if any, shall be filed by March 14, 2014.

IT IS SO ORDERED.
February 4, 2014

s/ Michael J. Newman
United States Magistrate Judge