Gentry v. Commissioner of Social Security

Filing 12

DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The parties Joint Motion to Remand to the Commissioner (Doc. # 11 ) is ACCEPTED; 2. The Clerk of Court is directed to enter Judgment in Plaintiffs favor under Fed. R. Civ. P. 58; 3. This mat ter 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. Signed by Magistrate Judge Sharon L. Ovington on 4/13/2017. (srb)

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

: Case No. 3:16-cv-342
:
: Magistrate Judge Sharon L. Ovington
: (by full consent of the parties)
:
:
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:
:
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DECISION AND ENTRY
This social security case is presently before the Court on the parties’ Joint Motion
to Remand to the Commissioner. (Doc. #11). The parties jointly stipulate that this case
should be remanded to the Acting Commissioner of Social Security for further
proceedings, pursuant to sentence four of Section 205 of the Social Security Act, 42
U.S.C. § 405(g), and respectfully request this Honorable Court enter an appropriate order
with judgment.
Upon remand, the Appeals Council will vacate all findings in the Administrative
Law Judge’s (ALJ’s) decision, and the Commissioner will conduct further proceedings
and develop the administrative record as necessary to determine whether Plaintiff is
under a disability as defined by the Social Security Act. In so doing, the ALJ will (1)
offer Plaintiff an opportunity for a hearing; (2) reevaluate the medical opinions and
explain the reasons for the weight assigned pursuant to the regulations; (3) reassess

Plaintiff’s subjective allegations pursuant to the regulations; (4) reassess Plaintiff’s
residual functional capacity; and (5) if necessary, obtain supplemental testimony from a
vocational expert.
IT IS THEREFORE ORDERED THAT:
1. The parties’ Joint Motion to Remand to the Commissioner (Doc. #11) 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 13, 2017

s/Sharon L. Ovington
Sharon L. Ovington
United State Magistrate Judge

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