McGill v. Commissioner of Social Security

Filing 13

DECISION AND ENTRY adopting 12 Report and Recommendations. The Commissioners non-disability finding is vacated; no finding is made as to whether Plaintiff Rose A. McGill was under a disability within the meaning of the Social Security Act; case is remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. §405(g) for further consideration consistent with the Report and Recommendations and this Decision and Entry; and case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 8/9/18. (ep) Modified on 8/10/2018 (ep).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ROSE McGILL,
Plaintiff,
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION ,
Defendant.

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Case No. 3:17cv00131
District Judge Thomas M. Rose
Magistrate Judge Sharon L. Ovington

DECISION AND ENTRY
The Court has reviewed the Report and Recommendations of United States
Magistrate Judge Sharon L. Ovington (Doc. #12), to whom this case was originally referred
pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and
that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby
ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that:
1.

The Report and Recommendations docketed on July 25, 2018 (Doc. #12)
is ADOPTED in full;

2.

The Commissioner’s non-disability finding is vacated;

3.

No finding is made as to whether Plaintiff Rose A. McGill was under a
“disability” within the meaning of the Social Security Act;

4.

This case is remanded to the Commissioner and the Administrative Law

Judge under Sentence Four of 42 U.S.C. §405(g) for further consideration
consistent with the Report and Recommendations and this Decision and
Entry; and
5.

The case is terminated on the docket of this Court.

DONE and ORDERED in Dayton, Ohio, this Thursday, August 9, 2018.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE