Opinion
Case No. 3:15-cv-428
03-31-2017
Sarah E. Jones, Plaintiff, v. Nancy Berryhill, Acting Commissioner of Social Security, Defendant.
Magistrate Judge Michael J. Newman ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL J. NEWMAN (DOC. 13), OVERRULING DEFENDANT'S OBJECTIONS (DOC. 14), VACATING THE COMMISSIONER'S FINDING OF NON-DISABILITY; REMANDING PLAINTIFF'S APPLICATIONS FOR DISABILITY INSURANCE BENEFITS AND SUPPLEMENTAL SECURITY INCOME FILED ON JANUARY 1, 2008 TO THE SOCIAL SECURITY ADMINISTRATION FOR FURTHER PROCEEDINGS; AND TERMINATING THE INSTANT CASE.
This matter comes before the Court pursuant to Objections (Doc. 14) to the Report and Recommendations of Magistrate Judge Michael J. Newman (Doc. 13) recommending that the Commissioner's non-disability finding be vacated and that Plaintiff's applications for Disability Insurance Benefits and Supplemental Security Income be remanded to the Social Security Administration for further proceedings. Defendant filed a reply (Doc. 15) to the Objections.
The Court has reviewed the findings of the Magistrate Judge and, pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), this Court has made a de novo review of the record in this case. Upon consideration of the foregoing, the Court finds the Objections (Doc. 14) are not well-taken and are hereby OVERRULED.
The Court ADOPTS the Report and Recommendations (Doc. 13) in its entirety. The Commissioner's non-disability finding is hereby VACATED. Plaintiff's applications for Disability Insurance Benefits and Supplemental Security Income filed on January 1, 2008 is REMANDED to the Social Security Administration for further proceedings consistent with the Report and Recommendation. The instant case is TERMINATED on the docket of the United States District Court for the Southern District of Ohio, Western District at Dayton.
DONE and ORDERED this Friday, March 31, 2017.
s/THOMAS M. ROSE
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE