Bunch v. Commissioner of Social Security, No. 3:2021cv00055 - Document 16 (S.D. Ohio 2022)
Court Description: DECISION AND ENTRY - The parties' Joint Motion to Remand (Doc. # 15 ) 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. § 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 Magistrate Judge Peter B. Silvain, Jr on 2/17/2022. (bjr)
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Bunch v. Commissioner of Social Security Doc. 16 Case: 3:21-cv-00055-PBS Doc #: 16 Filed: 02/17/22 Page: 1 of 2 PAGEID #: 1713 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON NICOLA B.,1 Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:21-cv-55 : : Magistrate Judge Peter B. Silvain, Jr. : (by full consent of the parties) : : : : : : DECISION AND ENTRY This social security case is presently before the Court on the parties’ Joint Motion to Remand. (Doc. #15). The parties respectfully move for the entry of a judgment reversing the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g), with remand of the cause to the Commissioner for further administrative proceedings consistent with their motion. Upon remand, the Appeals Council will vacate all findings in the Administrative Law Judge’s decision. The Commissioner will develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, hold a new administrative hearing, and then issue a new decision. IT IS THEREFORE ORDERED THAT: 1. The parties’ Joint Motion to Remand (Doc. #15) is ACCEPTED; 2. The Clerk of Court is directed to enter Judgment in Plaintiff’s favor under Fed. R. Civ. P. 58; 1 The Committee on Court Administration and Case Management of the Judicial Conference of the United States has recommended that, due to significant privacy concerns in social security cases, federal courts should refer to plaintiffs only by their first names and last initials. See also S.D. Ohio General Rule 22-01. Dockets.Justia.com Case: 3:21-cv-00055-PBS Doc #: 16 Filed: 02/17/22 Page: 2 of 2 PAGEID #: 1714 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. s/Peter B. Silvain, Jr. Peter B. Silvain, Jr. United States Magistrate Judge February 17, 2022 2
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