Brandt v. Commissioner of Social Security et al, No. 3:2008cv00137 - Document 14 (S.D. Ohio 2009)
Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON JULY 22,2009 13 ; VACATING THE COMMISSIONER'S FINAL NON-DISABIUTY DECISION; MAKING NO FINDING AS TO WHETHER PLAINTIFF IS UNDER A "DISABILITY" WITHIN THE MEANING OF THE SO CIAL SECURITY ACT; REMANDING THIS CASE TO THE COMMISSIONER AND THE ADMINISTRATIVE LAW JUDGE UNDER SENTENCE FOUR OF 42 U.S.C. 405(g) FOR FURTHER CONSIDERATION CONSISTENT WITH THIS DECISION AND WITH THE REPORT AND RECOMMENDATIONS; AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT. Signed by Judge Walter H Rice on 8/11/2009. (davisj1, )
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF omo WESTERN DIVISION AT DAYTON FRANK C. BRANDT, Plaintiff, Case No. 3:080v00137 vs. District Judge Walter Habert Rice Magistrate Judge Shlll'On L. Ovington MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON JULY 2009 (Doe. #13); VACATING THE COMMISSIONER'S FINAL NON-DISABIUTY DECISION; MAKING NO FINDING AS TO WHETHER PLAINTIFF IS UNDER A "DISABILITY" WITHIN THE MEANING OF THE SOCIALSECURITY ACT; REMANDING THIS CASE TO THE COMMISSIONER AND THE ADMINISTRATIVE LAW JUDGE UNDER SENTENCE FOUR OF 41 U.s.c. f4OS<&) FOR FURTHER CONSIDERATION CONSISTENT WITH THIS DECISION AND WITH THE REPORT AND RECOMMENDATIONS; AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT n, The Court hllll conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Shlll'On 1,. Ovington (Doc. #13), to whom this case WlIIl originally referred pursuant lD 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) hlIIl expin:cl, heJ'llby ADOPrS said Repon and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on July 22,2009 (Doc. #13) is ADOPTED in full; 2. The Commissioner's final non-disability decision is VACATED; 3. No finding is made as lD whether Plaintiff Fl'lIlIk C. Brandt was under a "disability" within the meaning of the Social Security Act; 4. This case is REMANDED to the Commissioner and the Administrative Law Judge under Sentence Four of42 U.S.C. §40S(a) fur further consideration consistent with this Decision and with the Report and Recommendations; and S. The case is terminated on the docket ofthis Court. . Walter Herbert Rice United StBles District Judge 2
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