Jones v. Commissioner of Social Security
Filing
16
ORDER - 1. The parties' Joint Motion for Remand (Doc. # 15 ) is GRANTED; 2. The Commissioner's Motion to Stay (Doc. # 14 ) is DENIED as moot; 3. The Clerk of Court is directed to enter Judgment in favor of Plaintiff and against Defendant r eversing Defendants final decision and remanding this matter to the Social Security Administration pursuant to sentence four of 42 U.S.C. §405(g) for further proceedings consistent with this Order; and 4. The case is terminated on the docket of this Court. Signed by Magistrate Judge Sharon L Ovington on 10/17/13. (pb1)
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JAMES F. JONES,
Plaintiff,
:
:
Case No. 3:13cv00052
vs.
:
District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
:
Defendant.
:
:
ORDER
This case is before the Court upon the Commissioner’s Motion to Stay (Doc. #14) and
the parties’ Joint Motion for Remand. (Doc. #15). In light of the parties’ Joint Motion, the
Court finds that an Order entering judgment in Plaintiff’s favor and against Defendant,
reversing Defendant’s final decision, and remanding this matter to the Social Security
Administration under sentence four of 42 U.S.C. §405(g) is warranted.
On remand from this Court, the Appeals Council will remand the matter to an
administrative law judge for a new hearing and a new decision, with instruction to the
administrative law judge to reevaluate the entire claim, beginning at step one under the
sequential evaluation set forth at 20 C.F.R. §404.1520 and 20 C.F.R. §416.920. This will
specifically include a reevaluation of the medical source opinions, including the opinions of
the state agency medical consultant and Plaintiff’s treating physician; a reassessment of the
Plaintiff’s residual functional capacity and rationale for any assessed limitations; and, if
necessary, supplemental vocational expert testimony to determine whether there are a
significant number of jobs that the Plaintiff could perform.
IT IS THEREFORE ORDERED THAT:
1.
The parties’ Joint Motion for Remand (Doc. #15) is GRANTED;
2.
The Commissioner’s Motion to Stay (Doc. #14) is DENIED as moot;
3.
The Clerk of Court is directed to enter Judgment in favor of Plaintiff and
against Defendant reversing Defendant’s final decision and remanding this
matter to the Social Security Administration pursuant to sentence four of 42
U.S.C. §405(g) for further proceedings consistent with this Order; and
4.
The case is terminated on the docket of this Court.
October 17, 2013
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge
2
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