Pack v. Commissioner of Social Security

Filing 12

DECISION AND ENTRY - The parties' Joint Motion for 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 Social Security Administration, pursu ant to sentence four of 42 U.S.C. § 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 9-26-2017. (de)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JAMIE B. PACK, Plaintiff, vs. NANCY A. BERRYHILL, COMMISSIONER OF SOCIAL SECURITY, Defendant. : Case No. 3:17-cv-97 : : District Judge Thomas M. Rose : Magistrate Judge Sharon L. Ovington : : : : : : : DECISION AND ENTRY This case is presently before the Court on the parties’ Joint Motion for Remand. (Doc. #11). The parties stipulate and petition this Court to order remand of this case for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g) and to enter judgment pursuant to Federal Rule of Civil Procedure 58. Upon remand, the Appeals Council will vacate the Administrative Law Judge’s decision, and the Commissioner will conduct further proceedings and develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act.]. IT IS THEREFORE ORDERED THAT: 1. The parties’ Joint Motion for 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: September 26, 2017 *s/Thomas M. Rose Thomas M. Rose United States District Judge 2

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