Barrett v. Commissioner of Social Security

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Report and Recommendations filed on June 4, 2015 18 is ADOPTED in full, the Commissioner's non-disability finding is vacated, no finding is made as to whether Plaintiff was under a "disabili ty" 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. Section 405(g) for further consideration consistent with this Decision and Entry and the Report and Recommendations; and this case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 6-24-2015. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LARRY BARRETT,

:

Plaintiff,

:
Case No. 3:14cv00102

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. #18), 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 June 4, 2015 (Doc. #18) is
ADOPTED in full;
2. The Commissioner’s non-disability finding is vacated;
3. No finding is made as to whether Plaintiff Larry Barrett was under a
“disability” within the meaning of the Social Security Act;
4. 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 consistent
with this Decision and Entry and the Report and Recommendations; and,

5. The case is terminated on the docket of this Court.
June 24, 2015

*s/Thomas M. Rose

_________________________
Thomas M. Rose
United States District Judge

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