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Gayheart v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
May 14, 2013
Case No. 3:10-cv-401 (S.D. Ohio May. 14, 2013)

Opinion

Case No. 3:10-cv-401

05-14-2013

CHARLES GAYHEART, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


District Judge Thomas M. Rose

Magistrate Judge Michael J. Newman


AMENDED DECISION AND ENTRY

In light of the Sixth Circuit Court of Appeals' decision issued in this matter on March 12, 2013, see doc. 23, and recognizing further that the Sixth Circuit has issued a mandate, and for good cause shown, the Court ORDERS as follows:

1) The ALJ's non-disability finding, adverse to Plaintiff, is found unsupported by substantial evidence, and is REVERSED;
2) This matter is REMANDED to the ALJ under the Fourth Sentence of 42 U.S.C. § 405(g) for proceedings consistent with the Sixth Circuit's opinion;
3) On remand, the ALJ shall determine anew Plaintiff's disability status and qualifications for Disability Insurance Benefits;
4) This matter shall remain terminated on the docket of the Court.

______________

Thomas M. Rose

United States District Judge


Summaries of

Gayheart v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
May 14, 2013
Case No. 3:10-cv-401 (S.D. Ohio May. 14, 2013)
Case details for

Gayheart v. Comm'r of Soc. Sec.

Case Details

Full title:CHARLES GAYHEART, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Date published: May 14, 2013

Citations

Case No. 3:10-cv-401 (S.D. Ohio May. 14, 2013)