Poppel v. Commissioner of Social Security, No. 3:2012cv00024 - Document 15 (S.D. Ohio 2013)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 13 ) IN THEIR ENTIRETY; DEFENDANT'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. 14 ) OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGA INST DEFENDANT COMMISSIONER HEREIN, VACATING THE COMMISSIONER'S FINDING OF NON-DISABILITY AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER FOR THE PURPOSE OF AN IMMEDIATE AWARD OF DISABILITY INSURANCE BENEFITS TO PLAINTIFF FOR THE CLOSED PERIOD OF JUNE 10, 2005 THROUGH FEBRUARY 8, 2009, CONSISTENT WITH THE SOCIAL SECURITY ACT; AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g), FOR FURTHER CONSIDERATION ON THE QUESTION OF WHETHER PLAINTIFF WAS UNDER A "DISABILITY" WITHIN THE MEANING OF THE SOCIAL SECURITY ACT BEGINNING ON FEBRUARY 9, 2009; TERMINATION ENTRY. Signed by Judge Walter H Rice on 3/18/2013. (sc1)