Lewis v. Commissioner of Social Security et al, No. 3:2008cv00079 - Document 16 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON FEBRUARY 24, 2009 (Doc. 15 ); VACATING THE COMMISSIONER'S NON-DISABILITY FINDING; MAKING NO FINDING AS TO WEATHER PLAINTIFF IS UNDER A "DISABILITY" WITHIN THE MEANING OF THE SOCIAL SECURITY ACT; REMANDING THE CASE TO THE COMMISSIONER AND THE ADMINISTRATIVE LAW JUDGE UNDER SENTENCE FOUR OF 42 U.S.C. 405(g) FOR FURTHER CONSIDERATION CONSISTENT WITH THE DECISION AND WITH THE REPORT AND RECOMMENDATIONS; AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT. Signed by Judge Walter H Rice on 3/16/2009. (jdf1)