Righter-Malesko v. Commissioner of Social Security
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 granting 11 Motion to Remand. Signed by Magistrate Judge Michael J. Newman on 2/7/17. (pb)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
KAREN D. RIGHTER-MALESKO,
Case No. 3:16-cv-330
COMMISSIONER OF SOCIAL SECURITY,
Magistrate Judge Michael J. Newman
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 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 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 Court’s docket.
IT IS SO ORDERED.
February 7, 2017
s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge
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