Cox v. Commissioner of Social Security, No. 3:2016cv00501 - Document 12 (S.D. Ohio 2017)

Court Description: DECISION AND ENTRY granting 11 Joint Motion to Remand -The parties' Joint Motion to Remand 11 is ACCEPTED, the Clerk of Court is directed to enter Judgment in Plaintiff's favor under Fed. R. Civ. P. 58; this matter is REMANDED to the S ocial Security Administration, pursuant to sentence four of 42 U.S.C. Section 405(g), for further consideration consistent with this Decision and Entry and the parties' stipulation; and the case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 8-18-2017. (de) Modified on 8/18/2017 (de).

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Cox v. Commissioner of Social Security Doc. 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON ADA L. ANDRES COX, Plaintiff, vs. NANCY A. BERRYHILL, COMMISSIONER OF SOCIAL SECURITY, Defendant. : Case No. 3:16-cv-501 : : District Judge Thomas M. Rose : Magistrate Judge Sharon L. Ovington : : : : : : : DECISION AND ENTRY This social security case is presently before the Court on the parties’ Joint Motion to Remand. (Doc. #11). The parties agree that this matter should be remanded to the Commissioner pursuant to Sentence Four of Section 205 of the Social Security Act, 42 U.S.C. § 405(g). Upon remand, the Appeals Council will attempt to locate the file(s) with respect to Plaintiff’s prior favorable Title II and Title XVI disability determinations, which will include a search of the father of Plaintiff’s social security number. If the file(s) cannot be located, the Appeals Council will document the efforts made to find the file(s), include a record of those efforts in the case file, and issue a decision. If the record does not provide sufficient support for issuing a decision, then the Appeals Council will remand the case to the Administrative Law Judge. If the Appeals Council remands the Dockets.Justia.com case, it will instruct the Administrative Law Judge to further develop the record with regard to Plaintiff’s prior favorable determinations; document the efforts made to obtain the prior files, and include this information in the record; give Plaintiff an opportunity for a hearing; and issue a new decision. IT IS THEREFORE ORDERED THAT: 1. The parties’ Joint Motion to Remand (Doc. #11) is ACCEPTED; 2. The Clerk of Court is directed to enter Judgment in Plaintiff’s favor under Fed. R. Civ. P. 58; 3. This matter is REMANDED to the Social Security Administration, pursuant to sentence four of 42 U.S.C. § 405(g), for further consideration consistent with this Decision and Entry and the parties’ stipulation; and 4. The case is terminated on the docket of this Court. IT IS SO ORDERED. Date: August 18, 2017 s/Thomas M. Rose Thomas M. Rose United States District Judge 2

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