Smiley v. Commissioner of Social Security, No. 3:2011cv00413 - Document 15 (S.D. Ohio 2013)
Court Description: DECISION AND ENTRY - It is hereby ORDERED that: 1. The Report and Recommendation filed on January 11, 2013 is ADOPTED in full; 2. The Commissioners non-disability finding is vacated; 3. No finding is made as to whether Plaintiff Pamela Smiley is unde r a disability within the meaning of the Social Security Act; 4. This case is remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. § 405(g) for further consideration consistent with the Report and Recommendation, and this Decision and Entry; and 5. The case is terminated on the docket of this Court. Signed by Judge Thomas M Rose on 02/04/13. (pb1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON PAMELA R. SMILEY, : Case No. 3:11-cv-413 : District Judge Thomas M. Rose Magistrate Judge Michael J. Newman Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. : : DECISION AND ENTRY The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (Doc. # 14), to whom this case 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 Recommendation. Accordingly, it is hereby ORDERED that: 1. The Report and Recommendation filed on January 11, 2013 is ADOPTED in full; 2. The Commissioner s non-disability finding is vacated; 3. No finding is made as to whether Plaintiff Pamela Smiley is under a disability within the meaning of the Social Security Act; 4. This case is remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. § 405(g) for further consideration consistent with the Report and Recommendation, and this Decision and Entry; and 5. The case is terminated on the docket of this Court. February 4, 2013 s/Thomas M. Rose United States District Judge
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