Martin v. Commissioner of Social Security

Filing 14

DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Commissioner's non-disability determination is found unsupported by substantial evidence and REVERSED, this matter is REMANDED to the Commissioner under Sentence Four of42 U.S.C. § 405(g) for an immediate award of benefits, and the Clerk is ORDERED to terminate this case on the Court's docket. Signed by Judge Thomas M. Rose on 9-13-2016. (de)

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

:

Case No. 3:15-cv-131

:

Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

v.

:

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

:
:

Defendant.
:
______________________________________________________________________________
DECISION AND ENTRY
______________________________________________________________________________
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 Martin’s
application for Disability Insurance Benefits and Supplemental Security Income. On August 2,
2016, Magistrate Judge Michael J. Newman entered a Report and Recommendation (Doc. 11),
which recommended that the Court reverse the Commissioner’s non-disability finding and remand
the matter to the Social Security Administration for the payment of benefits. On August 19, 2016,
the Commissioner filed Objections (Doc. 12) to the Report and Recommendation. On September
2, 2016, Plaintiff filed a Response (Doc. 13) to the Commissioner’s 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 to the Report and Recommendation are OVERRULED. The Court
ADOPTS the Report and Recommendation (Doc. 11) in its entirety. Accordingly, the Court
rules as follows:
1.

The Commissioner’s non-disability determination is found unsupported by
substantial evidence and REVERSED;

2.

This matter is REMANDED to the Commissioner under Sentence Four of
42 U.S.C. § 405(g) for an immediate award of benefits; and

3.

The Clerk is ORDERED to terminate this case on the Court’s docket.

DONE and ORDERED in Dayton, Ohio, this Tuesday, September 13, 2016.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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