Paloncy v. Commissioner of Social Security

Filing 15

DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The parties Joint Stipulation to Remand to the Commissioner (Doc. # 14 ) is ACCEPTED; 2. The Clerk of Court is directed to enter Judgment in Plaintiffs favor under Fed. R. Civ. P. 58; 3. Th is 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. Signed by Magistrate Judge Sharon L. Ovington on 5/22/2017. (srb)

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

: Case No. 3:16-cv-362
:
: Magistrate Judge Sharon L. Ovington
: (by full consent of the parties)
:
:
:
:
:
:
:

DECISION AND ENTRY
This social security case is presently before the Court on the parties’ Joint
Stipulation to Remand to the Commissioner. (Doc. #14). The parties agree that this
matter should be remanded to the Commissioner 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
Administrative Law Judge shall (1) reweigh the opinion evidence, including the opinion
of Mervet Saleh, M.D., regarding migraines; (2) explain how the claimant’s migraine
symptoms were evaluated under SSR 16-3p; and (3) articulate how migraines affect the
residual functional capacity finding. The ALJ shall also offer the claimant a new hearing
and take further action to complete the administrative record resolving the above issues,
issuing a new decision.

IT IS THEREFORE ORDERED THAT:
1. The parties’ Joint Stipulation to Remand to the Commissioner (Doc. #14) 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: May 22, 2017

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

2