Cox v. Commissioner of Social Security

Filing 12

DECISION AND ENTRY granting 11 Joint Motion to Remand -The parties' Joint Motion to Remand 11 is ACCEPTED, the Clerk of Court is directed to enter Judgment in Plaintiff's favor under Fed. R. Civ. P. 58; this matter is REMANDED to the S ocial Security Administration, pursuant to sentence four of 42 U.S.C. Section 405(g), for further consideration consistent with this Decision and Entry and the parties' stipulation; and the case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 8-18-2017. (de) Modified on 8/18/2017 (de).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

ADA L. ANDRES COX,
Plaintiff,
vs.
NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

: Case No. 3:16-cv-501
:
: District Judge Thomas M. Rose
: Magistrate Judge Sharon L. Ovington
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DECISION AND ENTRY
This social security case is presently before the Court on the parties’ Joint Motion
to Remand. (Doc. #11). 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).
Upon remand, the Appeals Council will attempt to locate the file(s) with respect
to Plaintiff’s prior favorable Title II and Title XVI disability determinations, which will
include a search of the father of Plaintiff’s social security number. If the file(s) cannot
be located, the Appeals Council will document the efforts made to find the file(s),
include a record of those efforts in the case file, and issue a decision. If the record does
not provide sufficient support for issuing a decision, then the Appeals Council will
remand the case to the Administrative Law Judge. If the Appeals Council remands the

case, it will instruct the Administrative Law Judge to further develop the record with
regard to Plaintiff’s prior favorable determinations; document the efforts made to obtain
the prior files, and include this information in the record; give Plaintiff an opportunity
for a hearing; and issue a new decision.
IT IS THEREFORE ORDERED THAT:
1. The parties’ Joint Motion to Remand (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: August 18, 2017

s/Thomas M. Rose

Thomas M. Rose
United States District Judge

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