Brown v. Social Security Administration

Filing 24

DECISION AND ORDER granting the parties' Joint Motion For Relief From Judgment Pursuant To Federal Rule Of Civil Procedure 60(b), And For Judgment Entry Reversing With Remand The Commissioner's Decision 23 ; the Court's March 2, 2016 judgment entry [15, 16] is modified, and the Commissioner's final decision is reversed with remand as set forth herein; and the case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 7-19-2016. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

ANITA BROWN,
Plaintiff,
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.

: Case No. 3:14-cv-00451
:
:
: District Judge Thomas M. Rose
: Chief Magistrate Judge Sharon L. Ovington
:
:
:
:
:

DECISION AND ENTRY
The United States Court of Appeals for the Sixth Circuit recently remanded this
case under Fed. R. App. P. 12.1(b) and 42(b) (Doc. 22) for the purpose of modifying this
Court’s previously entered judgment. The remand and modification were necessary
given this Court’s indication that it was “inclined to grant relief from its March 2, 2016
judgment entry should the court of appeals remand for that purpose.” (Doc. 21). The
case is presently pending upon the parties’ Joint Motion For Relief From Judgment
Pursuant To Federal Rule Of Civil Procedure 60(b), And For Judgment Entry Reversing
With Remand The Commissioner’s Decision. (Doc. 23).
For good cause shown, and in light of the parties’ agreement, modification of the
Court’s previous judgment is warranted under Fed. R. Civ. P. 60(b)(6). As a result, the
Commissioner’s final decision is reversed and this matter is remanded to the Social
Security Administration for further proceedings pursuant to 42 U.S.C. § 405(g). The
parties agree that, upon remand, the Administrative Law Judge will re-evaluate Plaintiff’s

Social Security disability benefits application under the rules and regulations, including
evaluating the limitations indicated in the opinion evidence from treating and reviewing
physicians and psychologists; providing Plaintiff with the opportunity to submit
additional evidence and to appear at a hearing; and issuing a decision.
It is therefore ORDERED that:
1. The parties’ Joint Motion For Relief From Judgment Pursuant To Federal Rule Of
Civil Procedure 60(b), And For Judgment Entry Reversing With Remand The
Commissioner’s Decision (Doc. 23) is GRANTED;
2. The Court’s March 2, 2016 judgment entry (Docs. 15, 16) is modified, and the
Commissioner’s final decision is reversed with remand as set forth herein; and
3. The case remains terminated on the docket of this Court.
DONE and ORDERED in Dayton, Ohio, this Tuesday, July 19, 2016.

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

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