Baily v. Commissioner Social Security, No. 2:2013cv00344 - Document 24 (S.D. Ohio 2014)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS, REVERSING the decision of the Commissioner of Social Security, this action is REMANDED to the Commissioner for further consideration of Listing 12.05C. The Clerk is directed to enter Final Judgment pursuant to Sentence 4 of U.S.C. §405 (g). Signed by Judge Algenon L. Marbley on 5/30/2014. (cw)
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Baily v. Commissioner Social Security Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES C. BAILY, Plaintiff, Civil Action 2:13-cv-344 Judge Marbley Magistrate Judge King vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER On December 26, 2014, the United States Magistrate Judge recommended that the decision of the Commissioner be reversed and that the action be remanded to the Commissioner for further proceedings pursuant to Sentence 4 of 42 U.S.C. § 405(g). Recommendation, ECF 23. Report and Although the parties were advised of their right to object to that recommendation and of the consequences of their failure to do so, there has been no objection. The Report and Recommendation, ECF 23, is ADOPTED AND AFFIRMED. The decision of the Commissioner of Social Security is REVERSED and the action is REMANDED to the Commissioner for further consideration of Listing 12.05C. The Clerk is DIRECTED to enter FINAL JUDGMENT pursuant to Sentence 4 of 42 U.S.C. § 405(g). s/Algenon L. Marbley Algenon L. Marbley United States District Judge Dockets.Justia.com