Zachary v. Commissioner of Social Security

Filing 16

ORDER: (1) ADOPTING IN FULL THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. No. 13 ); (2) OVERRULING THE COMMISSIONERS OBJECTIONS (Doc. No. 14 ); (3) REVERSING THE COMMISSIONERS NON-DISABILITY FINDING; (4) REMANDING THIS CASE TO THE SOCIAL SECURITY ADMINISTRATION FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS ORDER AND THE REPORT AND RECOMMENDATION; AND (5) TERMINATING THIS CASE ONTHE DOCKET. Signed by Judge Michael J. Newman on 2/5/24. (pb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
EBONEE N. Z.,
Plaintiff,
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,

Case No. 3:23-cv-67
District Judge Michael J. Newman
Magistrate Judge Peter B. Silvain, Jr.

Defendant.
______________________________________________________________________________
ORDER: (1) ADOPTING IN FULL THE REPORT AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE (Doc. No. 13); (2) OVERRULING THE
COMMISSIONER’S OBJECTIONS (Doc. No. 14); (3) REVERSING THE
COMMISSIONER’S NON-DISABILITY FINDING; (4) REMANDING THIS
CASE TO THE SOCIAL SECURITY ADMINISTRATION FOR FURTHER
PROCEEDINGS CONSISTENT WITH THIS ORDER AND THE REPORT AND
RECOMMENDATION; AND (5) TERMINATING THIS CASE ON
THE DOCKET
______________________________________________________________________________
This Social Security case is before the Court on the Report and Recommendation issued
by the United States Magistrate Judge (Doc. No. 13), to whom this case was referred pursuant to
28 U.S.C. § 636(b) and Dayton General Order 22-01. 1 The Magistrate Judge recommends that the
ALJ’s non-disability finding be reversed and the case remanded for further administrative
proceedings. Id. The Commissioner filed objections to the Report and Recommendation (Doc.
No. 14) and Plaintiff has responded (Doc. No. 15). 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 the Commissioner’s objections and
Plaintiff’s response.

1

See https://www.ohsd.uscourts.gov/content/general-orders-ohio-southern-district.

Upon careful de novo consideration of the foregoing, the Court determines that the Report
and Recommendation sets forth the applicable law, is well reasoned, should be adopted, and that
the Commissioner’s objections should be overruled. Accordingly, it is hereby ORDERED that:
(1) the Report and Recommendation is ADOPTED; (2) the Commissioner’s objections are
OVERRULED; (3) the Commissioner’s non-disability determination is REVERSED; (4) this
case is remanded pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings
consistent with this Order and the Report and Recommendation; and (5) this case is
TERMINATED on the docket.
IT IS SO ORDERED.
February 5, 2024

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