Marshall v. Comm'r of Soc. Sec.

Full title: JERRY MARSHALL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Dec 10, 2015

Case No. 3:14-CV-465 (S.D. Ohio Dec. 10, 2015)

Opinion

Case No. 3:14-CV-465

12-10-2015

JERRY MARSHALL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

District Judge Walter H. Rice

Magistrate Judge Michael J. Newman

ORDER ADOPTING REPORT AND RECOMMENDATION

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (Doc. #12), to whom this case was 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 Recommendation.

Accordingly, it is hereby ORDERED that:

1. The Report and Recommendation (Doc. #12) is ADOPTED in full;

2. The Commissioner's non-disability determination is REVERSED;

3. This matter is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings; and

4. This case is terminated on the docket of this Court.

Date: 12·10·15

/s/_________

WALTER HERBERT RICE

UNITED STATES DISTRICT JUDGE