McGill v. Commissioner of Social Security, No. 3:2017cv00131 - Document 13 (S.D. Ohio 2018)

Court Description: DECISION AND ENTRY adopting 12 Report and Recommendations. The Commissioners non-disability finding is vacated; no finding is made as to whether Plaintiff Rose A. McGill was under a disability within the meaning of the Social Security Act; 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 the Report and Recommendations and this Decision and Entry; and case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 8/9/18. (ep) Modified on 8/10/2018 (ep).

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McGill v. Commissioner of Social Security Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON ROSE McGILL, Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION , Defendant. : : : : : : : : : : Case No. 3:17cv00131 District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington DECISION AND ENTRY The Court has reviewed the Report and Recommendations of 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 docketed on July 25, 2018 (Doc. #12) is ADOPTED in full; 2. The Commissioner’s non-disability finding is vacated; 3. No finding is made as to whether Plaintiff Rose A. McGill was under a “disability” within the meaning of the Social Security Act; 4. This case is remanded to the Commissioner and the Administrative Law Dockets.Justia.com Judge under Sentence Four of 42 U.S.C. §405(g) for further consideration consistent with the Report and Recommendations and this Decision and Entry; and 5. The case is terminated on the docket of this Court. DONE and ORDERED in Dayton, Ohio, this Thursday, August 9, 2018. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

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