Priestley v. Commissioner of Social Security
Filing
12
ORDER AND ENTRY: (1) GRANTING THE JOINT MOTION FOR REMAND (DOC. 11 ); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; AND (3) TERMINATING THIS CASE ON THE COURTS DOCKET- Based upon the stipulation of the parties, and for good cause shown, the ALJs non-disability finding is REVERSED as unsupported by substantial evidence and the parties joint motion for a Sentence Four remand (doc. 11) is GRANTED. This case is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings. The Clerk is ORDERED to enter judgment in favor of Plaintiff and, to TERMINATE this case on the Courts docket. Signed by Magistrate Judge Michael J. Newman on 1/13/17. (kma)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
NINA PRIESTLY,
Plaintiff,
Case No.: 3:16-cv-305
vs.
COMMISSIONER
OF SOCIAL SECURITY,
Magistrate Judge Michael J. Newman
(Consent Case)
Defendant.
ORDER AND ENTRY: (1) GRANTING THE JOINT MOTION FOR REMAND
(DOC. 11); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE
FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; AND
(3) TERMINATING THIS CASE ON THE COURT’S DOCKET
This Social Security disability benefits appeal, for which the parties have consented, is
presently before the Court on the parties’ joint motion to remand this case to the Commissioner
for further administrative proceedings pursuant to the Fourth Sentence of 42 U.S.C. § 405(g).
Doc. 11. Based upon the stipulation of the parties, and for good cause shown, the ALJ’s nondisability finding is REVERSED as unsupported by substantial evidence and the parties’ joint
motion for a Sentence Four remand (doc. 11) is GRANTED. This case is REMANDED to the
Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings. The
Clerk is ORDERED to enter judgment in favor of Plaintiff and, to TERMINATE this case on
the Court’s docket.
IT IS SO ORDERED.
Date:
January 13, 2017
s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge
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