Horton v. Commissioner of Social Security

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 The Report and Recommendations filed on June 28, 2017 13 is ADOPTED in full, the Commissioner's non-disability finding is VACATED; no finding is made as to whether Plaintiff Tracey Horton was unde r a disability within the meaning of the Social Security Act, this matter is 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 the case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 7-13-2017. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TRACEY HORTON,
Plaintiff,
vs.
NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL
SECURITY,

: Case No. 3:16-cv-128
:
: District Judge Thomas M. Rose
: Magistrate Judge Sharon L. Ovington
:
:
:
:
:

Defendant.
DECISION AND ENTRY
The Court has reviewed 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), and noting that no objections have been filed and
that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, this Court
hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that:
1.

The Report and Recommendations filed on June 28, 2017
(Doc. #13) is ADOPTED in full;

2.

The Commissioner’s non-disability finding is VACATED;

3.

No finding is made as to whether Plaintiff Tracey Horton was
under a “disability” within the meaning of the Social Security
Act;

4.

This matter is 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
5.

The case is terminated on the docket of this Court.

IT IS SO ORDERED.
Date: July 13, 2017

*s/Thomas M. Rose
Thomas M. Rose
United States District Judge

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