Tory v. Commissioner of Social Security

Filing 12

ORDER AND ENTRY: (1) GRANTING THE JOINT MOTION FOR REMAND(DOC. 11 ); (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 COURTS DOCKET. Signed by Magistrate Judge Michael J. Newman on 10/10/17. (kma)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DARRYL T. TORY, SR.,
Plaintiff,

Case No. 3:17-cv-185

vs.
COMMISSIONER OF SOCIAL SECURITY,

Magistrate Judge Michael J. Newman
(Consent case)

Defendant.
______________________________________________________________________________
ORDER AND ENTRY: (1) GRANTING THE JOINT MOTION FOR REMAND
(DOC. 11); (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. 11. Based upon the agreement of
the parties, and for good cause shown, the ALJ’s non-disability finding is REVERSED as
unsupported by substantial evidence and the parties’ joint motion for a Sentence Four remand
(doc. 11) is GRANTED. 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:

October 10, 2017

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge