McGrew v. Commissioner of Social Security Administration, No. 3:2013cv00118 - Document 15 (S.D. Ohio 2014)

Court Description: DECISION AND ENTRY adopting 14 Report and Recommendations - The Report and Recommendations filed on April 8, 2014 (Doc. #14) is ADOPTED in full, the Commissioner's non-disability finding is vacated, no finding is made as to whether Plaintiff James McGrew was under a disability within the meaning of the Social Security Act, 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 this Decision and Entry and the Report and Recommendations; and the case is terminated on the docket of this Court. Signed by Judge Thomas M Rose on 4-28-2014. (de)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JAMES McGREW, : Plaintiff, : Case No. 3:13cv00118 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. #14), 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 April 8, 2014 (Doc. #14) is ADOPTED in full; 2. The Commissioner s non-disability finding is vacated; 3. No finding is made as to whether Plaintiff James McGrew was 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 this Decision and Entry and the Report and Recommendations; and, 5. The case is terminated on the docket of this Court. April 28, 2014 *s/Thomas M. Rose _________________________ Thomas M. Rose United States District Judge 2

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