Weiss v. Commissioner of Social Security

Filing 12

DECISION AND ENTRY GRANTING JOINT MOTION FOR REMAND 11 AND TERMINATING CASE. The Court ORDERS the instant case REMANDED. Upon remand, the AppealsCouncil will vacate all findings in the Administrative Law Judge's decision, and the Commissioner will conduct further proceedings and develop the administrative record as necessary to determine anew whether Plaintiff is disabled within the meaning of the Social Security Act. The Court ORDERS the Clerk to terminate the instant case from the docket of the UnitedStates District Court, Western Division at Dayton. Signed by Judge Thomas M. Rose on 8-15-2017. (de)

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

Darren J. Weiss,
Plaintiff,
Case No. 3:17-cv-059
Judge Thomas M. Rose

v.

Nancy A. Berryhill, Acting Commissioner of
Social Security,
Defendant.

DECISION AND ENTRY GRANTING JOINT MOTION FOR REMAND
(DOC. 11) AND TERMINATING CASE.

Pending before the Court is Plaintiff Darren J. Weiss and Defendant Nancy A. Berryhill,
Acting Commissioner of Social Security’s Joint Motion for Remand. (Doc. 11). Pursuant to the
fourth sentence of 42 U.S.C. § 405(g) and enter judgment pursuant to Federal Rule of Civil
Procedure 58, the Court ORDERS the instant case REMANDED. Upon remand, the Appeals
Council will vacate all findings in the Administrative Law Judge’s decision, and the
Commissioner will conduct further proceedings and develop the administrative record as
necessary to determine anew whether Plaintiff is disabled within the meaning of the Social
Security Act.
The Court ORDERS the Clerk to terminate the instant case from the docket of the United
States District Court, Western Division at Dayton.

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DONE and ORDERED this Tuesday, August 15, 2017.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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