Mann v. Commissioner of Social Security

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS- The Report and Recommendations filed on January 6, 2017 13 is ADOPTED in full, the Commissioner's non-disability finding be vacated, no finding be made as to whether Plaintiff Erica Mann was under a & quot;disability" within the meaning of the Social Security Act, this matter be REMANDED to the Social Security Administration under sentence four of 42 U.S.C. Section 405(g) for further consideration consistent with the Report and Recommendations, and this Decision and Entry; and the case is terminated on the docket of this Court.. Signed by Judge Thomas M. Rose on 1-23-2017. (de)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON ERICA MANN, Plaintiff, vs. CAROLYN W. COLVIN, COMMISSIONER OF SOCIAL SECURITY, : Case No. 3:15-cv-409 : : District Judge Thomas M. Rose : Magistrate Judge Sharon L. Ovington : : : : : Defendant. DECISION AND ENTRY The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #13), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and that the time for filing such objections, if any, under Fed. R. Civ. P. 72(b), has expired, this Court hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on January 6, 2017 (Doc. #13) is ADOPTED in full; 2. The Commissioner’s non-disability finding be vacated; 3. No finding be made as to whether Plaintiff Erica Mann was under a “disability” within the meaning of the Social Security Act; 4. This matter be REMANDED to the Social Security Administration under sentence four of 42 U.S.C. § 405(g) for further consideration consistent with the Report and Recommendations, and this Decision and Entry; and 5. The case is terminated on the docket of this Court. IT IS SO ORDERED. January 23, 2017 *s/Thomas M. Rose Thomas M. Rose United States District Judge 2

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