Gaubatz v. Commissioner of Social Security

Filing 12

DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on May 14, 2020(Doc. # 11 ) is ADOPTED in full; 2. The Commissioners non-disability finding is VACATED; 3. No finding is made as to whether Plaintiff Gregory Gaubatzwas under a disability within the meaning of the Social Security Act; 4. This matter is REMANDED to the Social Security Administration under sentence four of 42 U.S.C. § 405(g) for further consideration consistent with the Report and Recommendations and this Decision; and 5. The case is terminated on the docket of this Court. IT IS SO ORDERED. Signed by Judge Walter H. Rice on 6/3/2020. (srb)

Case: 3:19-cv-00114-WHR-SLO Doc #: 12 Filed: 06/03/20 Page: 1 of 2 PAGEID #: 1783

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
GREGORY GAUBATZ,
Plaintiff,
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.

: Case No. 3:19-cv-114
:
: District Judge Walter H. Rice
: Magistrate Judge Sharon L. Ovington
:
:
:
:
:
:

DECISION AND ENTRY
The Court has conducted a de novo review of the Report and Recommendations of
United States Magistrate Judge Sharon L. Ovington (Doc. #11), to whom this case was
originally referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been
filed and that the time for filing such objections, if any, under Fed. R. Civ. P. 72(b), has
expired, this Court hereby ADOPTS said Report and Recommendations.
It is therefore ORDERED that:
1.

The Report and Recommendations filed on May 14, 2020
(Doc. #11) is ADOPTED in full;

2.

The Commissioner’s non-disability finding is VACATED;

3.

No finding is made as to whether Plaintiff Gregory Gaubatz
was under a “disability” within the meaning of the Social
Security Act;

4.

This matter is REMANDED to the Social Security
Administration under sentence four of 42 U.S.C. § 405(g) for
further consideration consistent with the Report and
Recommendations and this Decision; and

Case: 3:19-cv-00114-WHR-SLO Doc #: 12 Filed: 06/03/20 Page: 2 of 2 PAGEID #: 1784

5.

The case is terminated on the docket of this Court.

IT IS SO ORDERED.
06/03/2020
Walter H. Rice
United States District Judge

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