Maddex v. Commissioner of Social Security Administration, No. 3:2010cv00159 - Document 12 (S.D. Ohio 2011)
Court Description: DECISION AND ENTRY: 1. The Report and Recommendations filed on May 2, 2011 (Doc. # 11 ) are ADOPTED in full; 2. The ALJ's decision is VACATED; 3. No finding is made regarding whether Plaintiff is under a "disability" within the meanin g of the Social Security Act; 4. This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendations and this Decision; and 5. The case is TERMINATED on the docket of this Court. Signed by Judge Thomas M Rose on 5/23/11. (bac1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON MELANIE MADDEX, : Plaintiff, : Case No. 3:10CV159 vs. : MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. : District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington : : DECISION AND ENTRY The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #11), to whom this case originally was 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. IT THEREFORE IS ORDERED THAT: 1. The Report and Recommendations filed on May 2, 2011 (Doc. #11) are ADOPTED in full; 2. The ALJ s decision is VACATED; 3. No finding is made regarding whether Plaintiff is under a disability within the meaning of the Social Security Act; 4. This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendations and this Decision; and 5. The case is TERMINATED on the docket of this Court. May 23, 2011 *s/THOMAS M. ROSE Thomas M. Rose United States District Judge -2-
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