Jones v. Commissioner of Social Security

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court ADOPTS the Report and Recommendations 13 in its entirety. The Commissioner's non-disability finding is hereby VACATED. Plaintiff's applications for Disability Insurance Benefits and Supplemental Security Income filed on January 1, 2008 is REMANDED to the Social Security Administration for further proceedings consistent with the Report and Recommendation. The instant case is TERMINATED on the docket of the United States District Court for the Southern District of Ohio, Western District at Dayton. Signed by Judge Thomas M. Rose on 3-31-2017. (de)

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

Sarah E. Jones,
Plaintiff,
v.

Case No. 3:15-cv-428
District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

Nancy Berryhill,
Acting Commissioner of Social Security,

Defendant.
___________________________________________________________________________
ENTRY
AND
ORDER
ADOPTING
REPORT
AND
RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL J.
NEWMAN (DOC. 13), OVERRULING DEFENDANT=S OBJECTIONS
(DOC. 14), VACATING THE COMMISSIONER’S FINDING OF
NON-DISABILITY; REMANDING PLAINTIFF’S APPLICATIONS
FOR DISABILITY INSURANCE BENEFITS AND SUPPLEMENTAL
SECURITY INCOME FILED ON JANUARY 1, 2008 TO THE SOCIAL
SECURITY ADMINISTRATION FOR FURTHER PROCEEDINGS;
AND TERMINATING THE INSTANT CASE.
___________________________________________________________________________

This matter comes before the Court pursuant to Objections (Doc. 14) to the Report and
Recommendations of Magistrate Judge Michael J. Newman (Doc. 13) recommending that the
Commissioner’s non-disability finding be vacated and that Plaintiff’s applications for
Disability Insurance Benefits and Supplemental Security Income be remanded to the Social
Security Administration for further proceedings. Defendant filed a reply (Doc. 15) to the
Objections.

The Court has reviewed the findings of the Magistrate Judge and, pursuant to 28 U.S.C.
' 636(b) and Fed. R. Civ. P. 72(b), this Court has made a de novo review of the record in this
case. Upon consideration of the foregoing, the Court finds the Objections (Doc. 14) are not
well-taken and are hereby OVERRULED.
The Court ADOPTS the Report and Recommendations (Doc. 13) in its entirety. The
Commissioner’s non-disability finding is hereby VACATED. Plaintiff’s applications for
Disability Insurance Benefits and Supplemental Security Income filed on January 1, 2008 is
REMANDED to the Social Security Administration for further proceedings consistent with the
Report and Recommendation. The instant case is TERMINATED on the docket of the United
States District Court for the Southern District of Ohio, Western District at Dayton.
DONE and ORDERED this Friday, March 31, 2017.

s/THOMAS M. ROSE
__________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE