Jones v. Commissioner of Social Security

Filing 23

ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (DOC. NO 20 ); (2) OVERRULING DEFENDANT'S OBJECTIONS (DOC. NO 21 ); (3) VACATING THE COMMISSIONER'S NON-DISABILITY FINDING; (4) MAKING NO FINDING AS T O WHETHER PLAINTIFF WAS UNDER A "DISABILITY" WITHIN THE MEANING OF THE SOCIAL SECURITY ACT; (5) REMANDING THIS MATTER TO THE SOCIAL SECURITY ADMINISTRATION UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) FOR FURTHER CONSIDERATION CONSISTENT WITH THIS DECISION; AND (6) TERMINATING THIS CASE ON THE COURT'S DOCKET. Signed by Judge Michael J. Newman on 9/2/2021. (srb)

Case: 3:20-cv-00233-MJN-PBS Doc #: 23 Filed: 09/02/21 Page: 1 of 2 PAGEID #: 1135

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TIMOTHY RAY JONES,
Plaintiff,

Case No. 3:20-cv-233

vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,

District Judge Michael J. Newman
Magistrate Judge Peter B. Silvain, Jr.

Defendant.
______________________________________________________________________________
ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED
STATES MAGISTRATE JUDGE (DOC. NO. 20); (2) OVERRULING DEFENDANT’S
OBJECTIONS (DOC. NO. 21) (3) VACATING THE COMMISSIONER’S NONDISABILITY FINDING; (4) MAKING NO FINDING AS TO WHETHER PLAINTIFF
WAS UNDER A “DISABILITY” WITHIN THE MEANING OF THE SOCIAL
SECURITY ACT; (5) REMANDING THIS MATTER TO THE SOCIAL SECURITY
ADMINISTRATION UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) FOR FURTHER
CONSIDERATION CONSISTENT WITH THIS DECISION; AND (6) TERMINATING
THIS CASE ON THE COURT’S DOCKET
This Social Security case is before the Court on the Report and Recommendation issued
by United States Magistrate Judge Peter B. Silvain, Jr. (doc. no. 20), to whom this case was referred
pursuant to 28 U.S.C. § 636(b). Judge Silvain recommended that the ALJ’s non-disability finding
be vacated. Defendant filed objections to the Report and Recommendation. Doc. No. 21. As
required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(a), the Court has reviewed the
comprehensive findings of the Magistrate Judge and considered de novo all filings in this matter,
including Defendant’s objections.
Upon careful de novo consideration of the foregoing, the Court determines that the Report
and Recommendation (doc. no. 20) should be adopted. Accordingly, it is hereby ORDERED that:

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Case: 3:20-cv-00233-MJN-PBS Doc #: 23 Filed: 09/02/21 Page: 2 of 2 PAGEID #: 1136

(1) the Report and Recommendation (doc. no. 20) is ADOPTED in full; (2) Defendant’s
objections are OVERRULED (doc. no. 21); (3) the Commissioner’s non-disability finding is
VACATED; (4) no finding is made as to whether Plaintiff was under a “disability” within the
meaning of the Social Security Act; (5) this matter is REMANDED to the Social Security
Administration under sentence four of 42 U.S.C. § 405(g) for further consideration consistent with
this decision; and (6) this case is TERMINATED on the docket of this Court.
IT IS SO ORDERED.
September 2, 2021

s/ Michael J. Newman
Hon. Michael J. Newman
United States District Judge

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