Perdue v. Commissioner of Social Security
Filing
14
DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The parties Joint Motion to Remand to the Commissioner (Doc. # 13 ) is ACCEPTED; 2. The Clerk of Court is directed to enter Judgment in Plaintiffs 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. Signed by Magistrate Judge Sharon L. Ovington on 7/16/2018. (srb)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BRITTANY PERDUE,
Plaintiff,
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.
: Case No. 3:17-cv-342
:
: Magistrate Judge Sharon L. Ovington
: (by full consent of the parties)
:
:
:
:
:
:
DECISION AND ENTRY
This social security case is presently before the Court on the parties’ Joint Motion
to Remand to the Commissioner. (Doc. #13). The parties stipulate that this case should
be remanded to the Acting Commissioner of Social Security for further proceedings,
pursuant to sentence four of Section 205 of the Social Security Act, 42 U.S.C. § 405(g),
and respectfully request this Honorable Court enter an appropriate order with judgment.
Upon remand, the Appeals Council will vacate all findings in 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 under a
disability as defined by the Social Security Act. In so doing, the Administrative Law
Judge will reevaluate the medical source opinions and Plaintiff’s subjective allegations
pursuant to the regulations and rulings.
IT IS THEREFORE ORDERED THAT:
1. The parties’ Joint Motion to Remand to the Commissioner (Doc. #13) 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.
s/Sharon L. Ovington
Sharon L. Ovington
United State Magistrate Judge
July 16, 2018
2
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