Courtney v. Commissioner of Social Security, No. 3:2012cv00329 - Document 12 (S.D. Ohio 2013)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS 11 , the Commissioner's non-disability finding is vacated, Plaintiff's case is REMANDED to the Social Security Administration under Sentence Four of 42 U.S.C. § 405(g) for payment of DIB and SSI consistent with the Social Security Act; and the case is terminated on the docket of this Court. Signed by Judge Thomas M Rose on 12-9-2013. (de)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON THERESE C. COURTNEY, : Plaintiff, : Case No. 3:12cv00329 vs. : CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. : District Judge Thomas M. Rose Chief Magistrate Judge Sharon L. Ovington : : DECISION AND ENTRY The Court has reviewed the Report and Recommendations of Chief United States Magistrate Judge Sharon L. Ovington (Doc. #11), 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. Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on November 19, 2013 (Doc. #11) is ADOPTED in full; 2. The Commissioner s non-disability finding is vacated; 3. Plaintiff s case is REMANDED to the Social Security Administration under Sentence Four of 42 U.S.C. § 405(g) for payment of DIB and SSI consistent with the Social Security Act; and 4. The case is terminated on the docket of this Court. December 9, 2013 *s/Thomas M. Rose _________________________ Thomas M. Rose United States District Judge 2

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