Lane v. Commissioner of Social Security

Filing 10

ORDER AND ENTRY: (1) GRANTING THE JOINT MOTION FOR REMAND 9 ; (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. Section 405(g) FOR FURTHER PROCEEDINGS; AND (3) TERMINATING THIS CASE ON THE COURT'S DOCKET. Signed by Judge Thomas M. Rose on 11-12-2017. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
KAREN LANE,
Plaintiff,

Case No.: 3:17-cv-148

vs.
COMMISSIONER
OF SOCIAL SECURITY,

District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

Defendant.
______________________________________________________________________________
ORDER AND ENTRY: (1) GRANTING THE JOINT MOTION FOR REMAND
(DOC. 9); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE
FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; AND
(3) TERMINATING THIS CASE ON THE COURT’S DOCKET
______________________________________________________________________________
This Social Security disability benefits appeal is presently before the Court on the parties’
joint motion to remand this case to the Commissioner for further administrative proceedings
pursuant to the Fourth Sentence of 42 U.S.C. § 405(g). Doc. 9. Based upon the agreement of the
parties, and for good cause shown, the parties’ joint motion (doc. 9) is GRANTED and the
ALJ’s non-disability finding is REVERSED as unsupported by substantial evidence. This case
is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for
further proceedings. The Clerk is ORDERED to enter judgment in favor of Plaintiff and to
TERMINATE this case on the Court’s docket.
IT IS SO ORDERED.

Date: November 12, 2017

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