Kennedy v. Commissioner of Social Security

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 in full, the Commissioner's Motion to Remand 11 is GRANTED, in part, as to the requested remand to the Social Security Administration, and DENIED, in part, as to the request for further administra tive proceedings, the Commissioner's non-disability finding is reversed, this matter is remanded to the Social Security Administration under Sentence 4 of 42 U.S.C. §405(g) for payment of benefits regardingPlaintiff Phyllis J. Kennedy's consolidated applications and benefits areawarded to Kennedy for the remaining period at issue in those applications; and the case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 2-2-2016. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
PHYLLIS J. KENNEDY,
Plaintiff,

:
:
Case No. 3:15cv00059

vs.

:

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

:

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

:
:

DECISION AND ENTRY
The Court has reviewed the Report and Recommendations of Chief United States
Magistrate Judge Sharon L. Ovington (Doc. #13), to whom this case was originally
referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed
thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has
expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that:
1.

The Report and Recommendations filed on January 13, 2016 (Doc. #13) is
ADOPTED in full;

2.

The Commissioner’s Motion to Remand (Doc. #11) is GRANTED, in part,
as to the requested remand to the Social Security Administration, and
DENIED, in part, as to the request for further administrative proceedings;

3.

The Commissioner’s non-disability finding is reversed;

4.

This matter is remanded to the Social Security Administration under
Sentence 4 of 42 U.S.C. §405(g) for payment of benefits regarding
Plaintiff Phyllis J. Kennedy’s consolidated applications and benefits are
awarded to Kennedy for the remaining period at issue in those
applications; and

5.

The case is terminated on the docket of this Court.

February 2, 2016

*s/Thomas M. Rose

_______________________
Thomas M. Rose
United States District Judge

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