Oliver v. Commissioner of Social Security Administration, No. 3:2012cv00398 - Document 13 (S.D. Ohio 2013)

Court Description: DECISION AND ENTRY adopting Report and Recommendations filed on November 26, 2013 12 in full; the ALJs non-disability finding is vacated; no finding is made as to whether Plaintiff Donald J. Oliver was under a "disability" within the mean ing of the Social Security Act; 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 Entry; and, this case is TERMINATED on the docket of this Court. Signed by Judge Thomas M Rose on 12-17-2013. (de)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON DONALD J. OLIVER, : Plaintiff, : Case No. 3:12cv00398 vs. : CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. : District Judge Thomas M. Rose Chief Magistrate Judge Sharon L. Ovington : : DECISION AND ENTRY The Court has reviewed the Report and Recommendations of Chief United States Magistrate Judge Sharon L. Ovington (Doc. #12), to whom this case was originally 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. Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on November 26, 2013 (Doc. #12) is ADOPTED in full; 2. The ALJ s non-disability finding is vacated; 3. No finding is made as to whether Plaintiff Donald J. Oliver was 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 Entry; and, 5. The case is TERMINATED on the docket of this Court. December 17, 2013 *s/Thomas M. Rose _________________________ Thomas M. Rose United States District Judge 2

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