Hoblit v. Commissioner of Social Security

Filing 17

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE 14 ,OVERRULING DEFENDANT'S OBJECTIONS 16 , REVERSING THE COMMISSIONER'S FINDING OF NON-DISABILITY; REMANDING PLAINTIFF'S APPLICATION FOR DISABILITYINSURANCE BENEFITS AND SUPPLEMENTAL SECURITY INCOME TO THE SOCIAL SECURITY ADMINISTRATION FOR PAYMENT OF BENEFITS CONSISTENT WITH THE SOCIAL SECURITY ACT; AND TERMINATING THE INSTANT CASE. Signed by Judge Thomas M. Rose on 3-27-2018. (de)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Ronda Hoblit, Plaintiff, Case No. 3:16-cv-420 v. District Judge Thomas M. Rose Nancy A. Berryhill, Commissioner of Social Security, Magistrate Judge Sharon Ovington Defendant. ___________________________________________________________________________ ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (ECF 14), OVERRULING DEFENDANT=S OBJECTIONS (ECF 16), REVERSING THE COMMISSIONER’S FINDING OF NON-DISABILITY; REMANDING PLAINTIFF’S APPLICATION FOR DISABILITY INSURANCE BENEFITS AND SUPPLEMENTAL SECURITY INCOME TO THE SOCIAL SECURITY ADMINISTRATION FOR PAYMENT OF BENEFITS CONSISTENT WITH THE SOCIAL SECURITY ACT; AND TERMINATING THE INSTANT CASE. ___________________________________________________________________________ This matter comes before the Court pursuant to Objections (ECF 16) to the Report and Recommendations of Magistrate Judge Sharon Ovington (ECF 14) recommending that the Commissioner’s non-disability finding be reversed and that Plaintiff’s March 1, 2011 application for Disability Insurance Benefits and Supplemental Security Income be remanded to the Social Security Administration for payment of benefits consistent with the Social Security Act. 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. 16) are not well-taken and are hereby OVERRULED. The Court ADOPTS the Report and Recommendations (Doc. 14) in its entirety. The Commissioner’s non-disability finding is hereby REVERSED. Plaintiff’s application for Disability Insurance Benefits and Supplemental Security Income filed on March 1, 2011 is REMANDED to the Social Security Administration for payment of benefits consistent with the Social Security Act. 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 Tuesday, March 27, 2018. s/THOMAS M. ROSE __________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

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