Pence v. Commissioner of Social Security

Filing 28

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 26 ); REVERSING COMMISSIONER'S NON-DISABILITY FINDING; MAKING NO FINDING AS TO WHETHER PLAINTIFF WAS UNDER A "DISABILITY"; REMANDING TO SOCIAL SECURITY ADMINISTRATION UNDER SENTENCE FOUR OF 42 U. S.C. § 405(g) FOR FURTHER CONSIDERATION; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 8/1/2022. (bjr)

Case: 3:21-cv-00127-WHR-CHG Doc #: 28 Filed: 08/02/22 Page: 1 of 2 PAGEID #: 898

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
NORMA P.,
Plaintiff,
V.

CaseNo. 3:21-cv-127

COMMISSIONER OF THE
SOCIAL SECURITY

JUDGE WALTER H. RICE

ADMINISTRATION,
Defendant.

DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #26);
REVERSING COMMISSIONER'S NON-DISABILITY FINDING;
MAKING NO FINDING AS TO WHETHER PLAINTIFF WAS UNDER A
"DISABILITY"; REMANDING TO SOCIAL SECURITY
ADMINISTRATION UNDER SENTENCE FOUR OF 42 U. S. C. § 405(g)
FOR FURTHER CONSIDERATION; JUDGMENT TO BE ENTERED IN
FAVOR OF PLAINTIFF AND AGAINST DEFENDANT; TERMINATION
ENTRY

On July 6, 2022, United States Magistrate Judge Caroline H. Gentry issued a
Report and Recommendations, Doc. #26, recommending that the Court reverse
the Commissioner's non-disability finding, make no finding as to whether Plaintiff
was under a "disability" within the meaning of the Social Security Act, and
remand the case to the Social Security Administration under Sentence Four of 42
U. S. C. § 405(g) for further consideration.

Judgment was mistakenly entered the same day. Doc. #27. The following
day, that mistake was corrected on the docket and the deadline for filing

Case: 3:21-cv-00127-WHR-CHG Doc #: 28 Filed: 08/02/22 Page: 2 of 2 PAGEID #: 899

Objections to the Report and Recommendations was reset to July 21, 2022. No
Objections have been filed within the time allotted.
Based on the reasoning and citations of authority set forth in the Report and
Recommendations, and on a thorough de novo review of this Court's file and the
applicable law, the Court ADOPTS the Report and Recommendations, Doc. #26,
and REVERSES the Commissioner's non-disability determination. The Court

makes no finding as to whether Plaintiff was under a "disability" within the

meaning of the Social Security Act. The Court REMANDS this matter to the Social
Security Administration under Sentence Four of 42 U. S. C. § 405(g) for further
consideration consistent with the Report and Recommendations.

Judgment shall be entered in favor of Plaintiff and against Defendant.

The captioned case is hereby ordered terminated upon the docket records
of the United States District Court for the Southern District of Ohio, Western
Division, at Dayton

Date: August 1, 2022

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WALTER H. RICE
UNITED STATES DISTRICT JUDGE