Barnett v. Commissioner of Social Security

Filing 15

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE 13 , OVERRULING DEFENDANT'S OBJECTIONS 14 , VACATING THE COMMISSIONER'S FINDING OF NON-DISABILITY; REMANDING THIS MATTER TO THE COMMISSIONER UNDERTHE 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 9-27-2017. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
Kathy Barnett,

Plaintiff,

Case No. 3:16-cv-279

v.
District Judge Thomas M. Rose
Nancy Berryhill,
Acting Commissioner of Social Security,

Magistrate Judge Sharon Ovington

Defendant.
___________________________________________________________________________
ENTRY
AND
ORDER
ADOPTING
REPORT
AND
RECOMMENDATIONS OF THE MAGISTRATE JUDGE (DOC. 13),
OVERRULING DEFENDANT=S OBJECTIONS (DOC. 14), VACATING
THE
COMMISSIONER’S
FINDING
OF
NON-DISABILITY;
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. 14) to the Report and
Recommendations of Magistrate Judge Sharon Ovington (Doc.13) recommending that the
Commissioner’s non-disability finding be vacated 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. 14) are not

well-taken and, for the reasons stated in Magistrate Judge Ovington’s opinion, are hereby
OVERRULED.
The Court ADOPTS the Report and Recommendations (Doc. 13) in its entirety. The
Commissioner’s non-disability finding is hereby VACATED. No finding is made as to
whether Plaintiff Kathy Barnett was under a “disability” within the meaning of the Social
Security Act. This case is REMANDED to the Commissioner and the Administrative Law
Judge under sentence four of 42 U.S.C. § 405(g) for further consideration consistent with this
case. 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 27, 2016.

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