Derringer, Jr. v. Commissioner of Social Security

Filing 21

DECISION AND ENTRY ADOPTING IN ITS ENTIRETY REPORT ANDRECOMMENDATIONS (DOC. # 16 ) OF UNITED STATES MAGISTRATE JUDGE; OBJECTIONS OF DEFENDANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, TO SAID JUDICIAL FILING (DOC. # 18 ) ARE OVERRUL ED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF RICHARD DERRINGER, JR., AND AGAINST THE COMMISSIONER, REVERSING THE COMMISSIONERS DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER, PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g), FOR AN IMMEDIATE AWARD OF BENEFITS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/29/17. (pb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

RICHARD DERRINGER, JR.,
Plaintiff,

:

Case No. 3:16-cv-100

:

JUDGE WALTER H. RICE

NANCY A. BERRYHILL,

:

MAGISTRATE JUDGE
SHARON L. OVINGTON

Acting Commissioner of the
Social Security Administration,

:

v.

:
Defendant.

DECISION AND ENTRY ADOPTING IN ITS ENTIRETY REPORT AND
RECOMMENDATIONS (DOC. #16) OF UNITED STATES MAGISTRATE
JUDGE; OBJECTIONS OF DEFENDANT NANCY A. BERRYHILL, ACTING
COMMISSIONER OF SOCIAL SECURITY, TO SAID JUDICIAL FILING (DOC.
#18) ARE OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF
PLAINTIFF RICHARD DERRINGER, JR., AND AGAINST THE
COMMISSIONER, REVERSING THE COMMISSIONER’S DECISION THAT
PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO
BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE
CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER, PURSUANT
TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g), FOR AN IMMEDIATE
AWARD OF BENEFITS; TERMINATION ENTRY

Plaintiff Richard Derringer, Jr. (“Plaintiff”) has brought this action pursuant to 42
U.S.C. ' 405(g) to review a decision of the Defendant Nancy A. Berryhill, Acting
Commissioner of the Social Security Administration (“Commissioner”), denying Plaintiff=s
application for Social Security disability benefits.

On February 6, 2017, Magistrate Judge

Sharon L. Ovington filed her Initial Report and Recommendations, Doc. #16,
recommending that the Commissioner=s decision that Plaintiff was not disabled and,