Opinion
Case No. 3:17-CV-227
04-24-2018
BUSTER R. MORGAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 25), ADOPTING REPORT AND RECOMMENDATIONS (DOC. 24), REVERSING THE COMMISSIONER'S NON-DISABILITY FINDING, REMANDING THE MATTER TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION, AND TERMINATING THIS CASE
This Social Security disability benefits appeal is before the Court on the Objections (Doc. 25) filed by the Commissioner of Social Security ("Commissioner") to Magistrate Judge Michael J. Newman's Report and Recommendations ("Report") (Doc. 24). Magistrate Judge Newman recommended that the Administrative Law J udge's non-disability finding be found unsupported by substantial evidence in the record and reversed. Magistrate Judge Newman further recommended that this matter be remanded to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings. The Commissioner filed Objections (Doc. 25) to the Report, in response to which Plaintiff Buster R. Morgan filed a Response (Doc. 26). This matter is ripe for review.
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that the Commissioner's Objections (Doc. 25) to the Report (Doc. 24) are not well-taken and are hereby OVERRULED. The Court ADOPTS the Report (Doc. 24) and rules as follows:
1. The Administrative Law Judge's non-disability finding is unsupported by substantial evidence in the record and REVERSED;
2. This case is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings consistent with this opinion; and
3. This case is TERMINATED on the docket of this Court.
DONE and ORDERED in Dayton, Ohio, this Tuesday, April 24, 2018.
s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE