Gurley v. Commissioner of Social Security, No. 3:2017cv00410 - Document 13 (S.D. Ohio 2018)

Court Description: DECISION AND ENTRY granting 12 Motion to Remand -The parties' Joint Motion for Entry of Judgment with Remand 12 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 Social 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 7-18-2018. (de)

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Gurley v. Commissioner of Social Security Doc. 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON LESLIE M. GURLEY, Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:17-cv-410 : : 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 for Entry of Judgment with Remand. (Doc. #12). The parties stipulate and petition this Court to order remand of this case for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g) and to enter judgment pursuant to Federal Rule of Civil Procedure 58. Upon remand, the Appeals Council will vacate all findings in the Administrative Law Judge’s decision. The Commissioner will conduct further proceedings, offer the claimant an opportunity to attend a de novo hearing, develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, and then issue a new decision. Dockets.Justia.com IT IS THEREFORE ORDERED THAT: 1. The parties’ Joint Motion for Entry of Judgment with Remand (Doc. #12) 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: July 18, 2018 *s/Thomas M. Rose Thomas M. Rose United States District Judge 2

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