Coldwell v. Social Security Administration

Filing 19

ORDER: (1) GRANTING THE COMMISSIONERS UNOPPOSED MOTION FOR THE ENTRY OF JUDGMENT AFFIRMING THE COMMISSIONERS AWARD OF BENEFITS; AND (2) TERMINATING THIS CASE ON THE DOCKET. RE: 18 Signed by Magistrate Judge Michael J. Newman on 2/14/2017. (dm)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JOHN COLDWELL, Plaintiff, Case No. 3:15-cv-41 vs. COMMISSIONER OF SOCIAL SECURITY, Magistrate Judge Michael J. Newman (Consent case) Defendant. ______________________________________________________________________________ ORDER: (1) GRANTING THE COMMISSIONER’S UNOPPOSED MOTION FOR THE ENTRY OF JUDGMENT AFFIRMING THE COMMISSIONER’S AWARD OF BENEFITS; AND (2) TERMINATING THIS CASE ON THE DOCKET ______________________________________________________________________________ This Social Security disability benefits appeal is before the undersigned for disposition based upon the parties’ consent. Doc. 11. Plaintiff initially appealed this case arguing that the Administrative Law Judge (“ALJ”) erred in finding him not “disabled” and therefore unentitled to Disability Insurance Benefits (“DIB”). The undersigned granted Plaintiff’s request for a remand pursuant to Sentence Six of 42 U.S.C. § 405(g) and remanded the case to the Commissioner for consideration of new and material evidence. Doc. 12. On remand, the Commissioner found Plaintiff disabled under the Social Security Act (“SSA”) since February 17, 2012. See doc. 18-1 at PageID 729. The Commissioner now moves, without opposition, for the entry of a judgment affirming the Commissioner’s award of benefits. For good cause shown, and absent objection, the Commissioner’s motion (doc. 18) is GRANTED. The Court hereby AFFIRMS the Commissioner’s decision finding Plaintiff disabled under the SSA since February 17, 2012 and DIRECTS the Clerk to: (1) issue a judgment in that regard; and (2) TERMINATE this case on the Court’s docket. IT IS SO ORDERED. Date: February 14, 2017 s/ Michael J. Newman Michael J. Newman United States Magistrate Judge

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