Horst v. Commissioner of Social Security, No. 3:2017cv00013 - Document 12 (S.D. Ohio 2018)
Court Description: DECISION AND ENTRY REJECTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. # 10 ); OBJECTIONS OF PLAINTIFF, DARLENE GENTRY, TO SAID JUDICIAL FILING (DOC. # 11 ) ARE SUSTAINED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND A GAINST DEFENDANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, REVERSING THE DEFENDANT COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/1/2018. (srb)
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Horst v. Commissioner of Social Security Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION BRIAN L. HORST, Plaintiff, Case No. 3:17-cv-13 JUDGE WALTER H. RICE vs. NANCY A. BERRYHILL, MAGISTRATE JUDGE MICHAEL J. NEWMAN Acting Commissioner of the Social Security Administration, Defendant. DECISION AND ENTRY REJECTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #10); OBJECTIONS OF PLAINTIFF, DARLENE GENTRY, TO SAID JUDICIAL FILING (DOC. #11) ARE SUSTAINED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION , REVERSING THE DEFENDANT COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION ; TERMINATION ENTRY Plaintiff Brian L. Horst ("Plaintiff') has brought this action pursuant to 42 U.S.C. § 405(g) to review a decision of the Defendant Nancy A. Berryhill, Acting Commissioner of the Social Security Administration ("Commissioner"), denying Plaintiff's application for Supplemental Security Income ("SSI"). On January 17, 2018, Magistrate Judge Michael J. Newman filed a Report and Recommendations, Doc. #10, recommending that the Commissioner's decision that Plaintiff was not disabled and, therefore, not entitled to Dockets.Justia.com
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