Slaton v. Commissioner Social Security

Filing 17

ENTRY AND ORDER OVERRULING OBJECTIONS 15 TO THE REPORT AND RECOMMENDATIONS 13 , ADOPTING THE REPORT AND RECOMMENDATIONS 13 IN THEIR ENTIRETY, VACATING THE COMMISSIONER'S NON-DISABILITY FINDING, REMANDING THE APPLICATION FOR FURTHER CONSIDERATION UNDER 42 U.S.C. § 405(g); AND TERMINATING THIS CASE. Signed by Judge Thomas M. Rose on 3-17-2016. (de)

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

:

Case No. 3:14-cv-341

:

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

v.

:

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

:
:

Defendant.
:
______________________________________________________________________________
ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 15) TO
THE REPORT AND RECOMMENDATIONS (DOC. 13); ADOPTING THE
REPORT AND RECOMMENDATIONS (DOC. 13) IN THEIR ENTIRETY;
VACATING THE COMMISSIONER’S NON-DISABILITY FINDING;
REMANDING THE APPLICATION FOR FURTHER CONSIDERATION
UNDER 42 U.S.C. § 405(g); AND TERMINATING THIS CASE
______________________________________________________________________________
This is an action under 42 U.S.C. § 405(g) for review of the decision of the Commissioner
of the Social Security Administration (“Commissioner”) denying Plaintiff Michael Slaton’s
application for Disability Insurance Benefits and Supplemental Security Income. On February 5,
2016, Chief Magistrate Judge Sharon L. Ovington entered a Report and Recommendations (Doc.
13), which recommended that the Court vacate the Commissioner’s non-disability finding and
remand the matter to the Social Security Administration for further proceedings. On March 1,
2016, the Commissioner filed Objections (Doc. 15) to the Report and Recommendations. On
March 15, 2016, Plaintiff filed a Response (Doc. 16) to the Objections. This matter is therefore
ripe for the Court’s review.
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has
made a de novo review of the record in this case. Upon said review, the Court finds that the

Commissioner’s Objections (Doc. 15) to the Report and Recommendations (Doc. 13) are not well
taken and they are hereby OVERRULED.

The Court ADOPTS the Report and

Recommendations (Doc. 13) in their entirety. The Commissioner’s non-disability determination
is therefore VACATED. No finding is made as to whether Plaintiff was under a disability within
the meaning of the Social Security Act. This matter is REMANDED to the Social Security
Administration under Sentence Four of 42 U.S.C. § 405(g) for further consideration consistent
with the Report and Recommendations (Doc. 13), and the Clerk is ORDERED to terminate this
case on the Court’s docket.
DONE and ORDERED in Dayton, Ohio, this Thursday, March 17, 2016.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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