Nellum 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. No. 13 ) is ACCEPTED; 2. The Clerk of Court is directed to enter Judgment in Plaintiffs favor under Fed. R. Civ. P. 58; 3. This matt er 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 Joint Motion to Remand to the Commissioner; and 4. The case is terminated on the docket of this Court. IT IS SO ORDERED. Signed by Magistrate Judge Sharon L. Ovington on 2/16/2021. (srb)

Case: 3:20-cv-00171-SLO Doc #: 14 Filed: 02/16/21 Page: 1 of 2 PAGEID #: 2523

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

: Case No. 3:20-cv-00171
:
: 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. No. 13). The parties agree that this matter
should be remanded to the Commissioner pursuant to sentence four of Section 205 of the
Social Security Act, 42 U.S.C. § 405(g). Upon remand, the Appeals Council will vacate
all findings in the Administrative Law Judge’s (ALJ’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 ALJ will reevaluate the medical opinions, including the opinions of the
treating physicians under the treating physician rule and regulations.
IT IS THEREFORE ORDERED THAT:
1. The parties’ Joint Motion to Remand to the Commissioner (Doc. No. 13) is
ACCEPTED;

Case: 3:20-cv-00171-SLO Doc #: 14 Filed: 02/16/21 Page: 2 of 2 PAGEID #: 2524

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’ Joint Motion to Remand to the
Commissioner; and
4. The case is terminated on the docket of this Court.
IT IS SO ORDERED.
February 16, 2021

s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge

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