Myers v. Commissioner of Social Security, No. 3:2021cv00249 - Document 9 (S.D. Ohio 2021)

Court Description: DECISION AND ENTRY granting 8 Motion to Remand - 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 Motion; and The case is terminated on the docket of this Court. Signed by Magistrate Judge Sharon L. Ovington on 10/27/21. (pb)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON DEBORAH MYERS, Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:21-cv-249 : : Magistrate Judge Sharon L. Ovington : (by full consent of the parties) : : : : : : DECISION AND ENTRY This social security case is presently before the Court on the parties’ Joint Motion for Remand. (Doc. No. 8). The parties agree that the Commissioner’s decision should be reversed and that this matter should be remanded for further proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g). 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 hearing, and then issue a new decision. IT IS THEREFORE ORDERED THAT: 1. The parties’ Joint Motion for Remand (Doc. No. 8) 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’ Motion; and 4. The case is terminated on the docket of this Court. IT IS SO ORDERED. October 27, 2021 s/Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge 2

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