McNeil v. Commissioner of Social Security

Filing 13

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL J. NEWMAN (DOC. 10 ), OVERRULING DEFENDANT'S OBJECTIONS (DOC. 11 ), FINDING THE ALJ'S NON-DISABILITY DETERMINATION TO BE UNSUPPORTED BY SUBSTANTIALEVIDENCE AND REVERSED; REMANDING THIS MATTER TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION; AND TERMINATING THE INSTANT CASE. Signed by Judge Thomas M. Rose on 9/29/17. (ep)

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

Zakkyah McNeil,
Plaintiff,
v.

Case No. 3:16-cv-162
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. 10), OVERRULING DEFENDANT=S OBJECTIONS
(DOC.
11),
FINDING
THE
ALJ’S
NON-DISABILITY
DETERMINATION TO BE UNSUPPORTED BY SUBSTANTIAL
EVIDENCE AND REVERSED; REMANDING THIS MATTER TO THE
COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. §
405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION;
AND TERMINATING THE INSTANT CASE.
___________________________________________________________________________

This matter comes before the Court pursuant to Objections (Doc. 11) to the Report and
Recommendations of Magistrate Judge Michael J. Newman (Doc. 10) recommending that the
Commissioner’s non-disability finding be found unsupported by substantial evidence, and
reversed; and that this matter be remanded to the Commissioner under the Fourth Sentence of
42 U.S.C. § 405(g) for proceedings consistent with this opinion; and that this case be closed.
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. 11) are not
well-taken and, for the reasons stated in Magistrate Judge Newman’s opinion, are hereby
OVERRULED.
The Court ADOPTS the Report and Recommendations (Doc. 10) in its entirety. The
Commissioner’s non-disability finding is unsupported by substantial evidence and is hereby
REVERSED. Plaintiff’s application for Supplemental Security Income 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, September 29, 2017.

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