Daniels v. Commissioner of Social Security

Filing 12

REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. The parties Joint Motion to Remand (Doc. #11) be GRANTED; 2.The Clerk of Court be directed to enter Judgment in favor of Plaintiff and against Defendant reversing Defendants final deci sion and remanding this matter to the Social Security Administration pursuant to sentence four of 42 U.S.C. §405(g); and 3. The case be terminated on the docket of this Court. Objections to R&R due by 6/26/2015. Signed by Chief Magistrate Judge Sharon L. Ovington on 6/9/2015. (rms)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BRENDA K. DANIELS,
Plaintiff,

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:

Case No. 3:14cv00377

vs.

:

District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington

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

:

Defendant.

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:

REPORT AND RECOMMENDATIONS1

This case is before the Court upon the parties’ Joint Motion to Remand (Doc. #11),
and the record as a whole.
In their motion, the parties note that they agree to the following on remand:
[T]he Appeals Council will remand this case to an Administrative Law Judge
(ALJ) and instruct the ALJ to do the following: 1) consider letter and
documentation contained in Exhibit 24B (Tr. 242-44), and, if Plaintiff establishes
good cause for failure to appear at the scheduled hearing, provide an opportunity
for a new hearing; 2) engage in the sequential evaluation process as set forth in the
applicable regulations; and 3) if warranted under the expanded record, obtain
supplemental evidence from a vocational expert to clarify the effects of the
assessed limitations on the occupational base.
(Doc. #11, PageID# 608-09).
In light of the parties’ agreement, the Court finds that an Order entering judgment

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Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendations.

in Plaintiff’s favor and against Defendant, and remanding this matter to the Social
Security Administration under sentence four of 42 U.S.C. §405(g) for further
administrative proceedings, is warranted.

IT IS THEREFORE RECOMMENDED THAT:
1.

The parties’ Joint Motion to Remand (Doc. #11) be GRANTED;

2.

The Clerk of Court be 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 an Order adopting
this Report and Recommendations; and

3.

The case be terminated on the docket of this Court.

June 9, 2015
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge

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NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to the proposed findings and recommendations within FOURTEEN days after
being served with this Report and Recommendations. Pursuant to Fed. R. Civ. P. 6(d),
this period is extended to SEVENTEEN days because this Report is being served by one
of the methods of service listed in Fed. R. Civ. P. 5(b)(2)(C), (D), (E), or (F). Such
objections shall specify the portions of the Report objected to and shall be accompanied
by a memorandum of law in support of the objections. If the Report and Recommendation
is based in whole or in part upon matters occurring of record at an oral hearing, the
objecting party shall promptly arrange for the transcription of the record, or such portions
of it as all parties may agree upon or the Magistrate Judge deems sufficient, unless the
assigned District Judge otherwise directs. A party may respond to another party’s
objections within FOURTEEN days after being served with a copy thereof.
Failure to make objections in accordance with this procedure may forfeit rights on
appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947,
949-50 (6th Cir. 1981).

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