Helterbrand v. Commissioner of Social Security

Filing 9

DECISION AND ENTRY - The parties' Joint Motion to Remand 8 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, pursuan t to the fourth sentence 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 9/25/2017. (de)

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

JAMES D. HELTERBRAND,
Plaintiff,
vs.
NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

: Case No. 3:17-cv-122
:
: District Judge Thomas M. Rose
: Magistrate Judge Sharon L. Ovington
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DECISION AND ENTRY
This case is presently before the Court on the parties’ Joint Motion to Remand.
(Doc. #8). 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 all findings in the Administrative Law Judge’s decision.
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, including offering Plaintiff a new hearing before an Administrative
Law Judge, and then issue a new decision.
IT IS THEREFORE ORDERED THAT:
1. The parties’ Joint Motion to Remand (Doc. #8) 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
the fourth sentence 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 25, 2017

*s/Thomas M. Rose
Thomas M. Rose
United States District Judge

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