Opinion
Case No. 3:12cv00398
12-17-2013
DONALD J. OLIVER, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington
DECISION AND ENTRY
The Court has reviewed the Report and Recommendations of Chief United States Magistrate Judge Sharon L. Ovington (Doc. #12), to whom this case was originally 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 Recommendations.
Accordingly, it is hereby ORDERED that:
1. The Report and Recommendations filed on November 26, 2013 (Doc. #12) is ADOPTED in full;
2. The ALJ's non-disability finding is vacated;
3. No finding is made as to whether Plaintiff Donald J. Oliver was under a "disability" within the meaning of the Social Security Act;
4. This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendations, and this Decision and Entry; and,
5. The case is TERMINATED on the docket of this Court.
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Thomas M. Rose
United States District Judge