Simmons v. Commissioner of Social Security Administration

Filing 13

DECISION AND ENTRY - Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on May 1, 2015 (Doc. # 12 ) is ADOPTED in full; 2. The parties Joint Stipulation to Remand to the Commissioner (Doc. # 11 ) is ACCEPTED; 3. The Clerk of Court is directed to enter Judgment in favor of Plaintiff and against Defendant reversing Defendants final decision and remanding this matter to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Decision and Entry and the Report and Recommendations; and 4. The case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 05/19/15. (pb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
SHANDON M. SIMMONS,

:

Plaintiff,

:
Case No. 3:14cv00238

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. #12), 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 May 1, 2015 (Doc. #12) is
ADOPTED in full;
2. The parties’ Joint Stipulation to Remand to the Commissioner (Doc. #11) is
ACCEPTED;
3. The Clerk of Court is directed to enter Judgment in favor of Plaintiff and
against Defendant reversing Defendant’s final decision and remanding this
matter to the Social Security Administration pursuant to sentence four of 42
U.S.C. § 405(g) for further proceedings consistent with this Decision and Entry
and the Report and Recommendations; and

4. The case is terminated on the docket of this Court.
May 19, 2015

*s/Thomas M. Rose

_________________________
Thomas M. Rose
United States District Judge

2