Mitsoff v. Commissioner of the Social Security Administration

Filing 18

ORDER AND ENTRY: (1) GRANTING THE JOINT, UNOPPOSED MOTION FOR REMAND (DOC. 17 ); (2) REVERSING THE ALJS NON-DISABILITY FINDING; (3) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER ADMINISTRATIVE PROCEEDINGS; (4) DIRECTING THE CLERK TO ENTER JUDGMENT IN FAVOR OF PLAINTIFF; AND (5) TERMINATING THIS CASE ON THE COURTS DOCKET. Signed by Magistrate Judge Michael J. Newman on 9/22/2015. (srb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DAVID K. MITSOFF,

Case No.: 3:14-cv-295

Plaintiff,
vs.
COMMISSIONER
OF SOCIAL SECURITY,

Magistrate Judge Michael J. Newman
(Consent Case)

Defendant.

ORDER AND ENTRY: (1) GRANTING THE JOINT, UNOPPOSED MOTION FOR
REMAND (DOC. 17); (2) REVERSING THE ALJ’S NON-DISABILITY FINDING; (3)
REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH
SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER ADMINISTRATIVE
PROCEEDINGS; (4) DIRECTING THE CLERK TO ENTER JUDGMENT IN FAVOR
OF PLAINTIFF; AND (5) TERMINATING THIS CASE ON THE COURT’S DOCKET

This Social Security disability benefits appeal is presently before the undersigned for
disposition based upon the parties’ consent. Doc. 4. The parties jointly move for an Order
remanding this case for further administrative proceedings pursuant to the Fourth Sentence of 42
U.S.C. § 405(g), and for the entry of judgment pursuant to Fed. R. Civ. P. 58. Doc. 17. The
parties state that remand is warranted to address the inconsistencies between consultative
examiner Dr. Halmi’s opinion and Plaintiff’s residual functional capacity. Id.
For good cause shown, and because the requirements of a Sentence Four remand have
been satisfied, IT IS ORDERED THAT: (1) the parties’ joint, unopposed motion for a Sentence
Four remand (doc. 17) is GRANTED; (2) the ALJ’s non-disability finding is REVERSED; (3)
this case is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g)
for further proceedings; and (4) this case is TERMINATED upon the Court’s docket. The Clerk
is ORDERED to enter judgment in favor of Plaintiff.

IT IS SO ORDERED.

Date: September 22, 2015

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge

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