Lawrence v. Commissioner of Social Security, No. 3:2008cv00303 - Document 14 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON JULY 22,2009 (Doe. 13 ); VACATING THE COMMISSIONER'S FINAL NON-DISABILITY DECISION; MAKING NO FINDING AS TO WHETHER PLAINTIFF IS UNDER A "DISABILITY" WITHIN THE MEANING OF THE SOCIAL 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. (sc1, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DMSION AT DAYTON ROSALIND LAWRENCE, Plaintiff; Case No. 3:08cvOO303 District Judge Walter Herbert Rice Magistrate Judge Sharon L. Ovington VS. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON JULY 11, 1009 (Doe. #13); VACATING THE COMMISSIONER'S FINAL NON-DISABILITY DECISION; MAKING NO FINDING AS TO WHETHER PLAINTIFF IS UNDER A "DISABILITY"WI I HINTHE MEANING OFTHE SOCIAL SECVRITYACT; REMANDING THIS CASE TO THE COMMISSIONER AND THE ADMINISTRATIVE LAW.roDGE UNDER SENTENCE FOUR OF 41 U.S.C. §405oo FOR FURTHER CONSIDERATION CONSISTENT WITH THIS DECISION AND WITH THE REPORT AND RECOMMENDATIONS; AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT The Court has conducted a lk!lJ2YQ review of the Report and Recommendations ofUnited States Magistrate Judge Sharon L. Ovington (Doc. #13), to whom this case was originally referred pursuant to 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) has expired, hereby ADOPTS said Report and Recommendations. It is theiefOre ORDERED that: I. 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 to whether Plaintiff Rosalind Lawrence 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 of 42 U.S.C. §40S(g) for further CODllidcration CODllisteot with this Decision and with the Rq'llrt and Recommendations; and S. The case is terminated on the docket of this Court. Walter Herbert Rice United States District Judge 2

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