Miller v. Commissioner of Social Security, No. 3:2011cv00133 - Document 19 (S.D. Ohio 2012)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 16 ) IN THEIR ENTIRETY; DEFENDANT'S OBJECTION TO SAID JUDICIAL FILING (DOC. 17 ) OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT COMMISSIONER, GRANTING DEFENDANT'S MOTION FOR ENTRY OF JUDGMENT WITH REMAND UNDER SENTENCE FOUR 42 U.S.C. 405(g) (DOC. 11 ), REVERSING THE ADMINISTRATIVE LAW JUDGE'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT E NTITLED TO BENEFITS UNDER THE SOCIALSECURITY ACT, AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g), FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATIONS AND THIS COURT'S DECISIONHEREIN; TERMINATION ENTRY. Signed by Judge Walter H Rice on 9/28/12. (kje1)