Fields v. Commissioner of Social Security

Filing 13

ORDER granting 12 Motion to Remand -The parties' Joint Motion to Remand is ACCEPTED, the Clerk of Court is directed to enter Judgment in Plaintiff's favor under Fed. R. Civ. P. 58, this matter is REMANDED to the Social Security Administr ation, pursuant to sentence four of 42 U.S.C. § 405(g), for further consideration consistent with this Decision and Entry and the parties' stipulation; and case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 4-19-2017. (de)

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

: Case No. 3:16-cv-270
:
: District Judge Thomas M. Rose
:
: Magistrate Judge Sharon L. Ovington
:
:
:
:
:
:

DECISION AND ENTRY
This social security case is presently before the Court on the parties’ Joint Motion
to Remand. (Doc. #12). The parties hereby stipulate and petition this Court to order
remand of this case for further administrative proceedings pursuant to the fourth sentence
of 42 U.S.C. § 405(g) and to enter judgment pursuant to Federal Rule of Civil Procedure
58. Upon remand, the Appeals Council will vacate all findings in the Administrative
Law Judge’s decision. The Commissioner will conduct further proceedings, offer the
plaintiff a supplemental hearing and develop the administrative record as necessary to
determine whether Plaintiff is disabled within the meaning of the Social Security Act, and
then issue a new decision.
IT IS THEREFORE ORDERED THAT:
1. The parties’ Joint Motion to Remand (Doc. #12) is ACCEPTED;
2. The Clerk of Court is directed to enter Judgment in Plaintiff’s favor under Fed.
R. Civ. P. 58;

3. This matter is REMANDED to the Social Security Administration, pursuant to
sentence four of 42 U.S.C. § 405(g), for further consideration consistent with
this Decision and Entry and the parties’ stipulation; and
4. The case is terminated on the docket of this Court.
IT IS SO ORDERED.
Date: April 19, 2017

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

2