Schmalstig v. Commissioner of Social Security, No. 3:2015cv00188 - Document 12 (S.D. Ohio 2016)

Court Description: DECISION AND ENTRY ADOPTING IN FULL REPORT AND RECOMMENDATIONS OF UNITED STATES CHIEF MAGISTRATE JUDGE (DOC. # 11 ); DEFENDANT CAROLYN W. COLVIN,COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION'S MOTION FOR REMAND (DOC. # 9 ) IS SUSTAINED IN PART AND OVERRULED IN PART; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT COMMISSIONER, REVERSING THE COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE TO THE COMMISSIONER FOR THE IMMEDIATE PAYMENT OF BENEFITS CONSISTENT WITH THE SOCIAL SECURITY ACT; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 6/13/2016. (srb)