Opinion
3:20-cv-235
07-19-2021
WHEAT WILLIAMS, III, Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.
Sharon L. Ovington Magistrate Judge
ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (DOC. NO. 13); (2) VACATING THE COMMISSIONER'S NON-DISABILITY FINDING; (3) MAKING NO FINDING AS TO WHETHER PLAINTIFF WAS UNDER A “DISABILITY” WITHIN THE MEANING OF THE SOCIAL SECURITY ACT; (4) REMANDING THIS MATTER TO THE SOCIAL SECURITY ADMINISTRATION UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) FOR FURTHER CONSIDERATION CONSISTENT WITH THIS DECISION; AND (5) TERMINATING THIS CASE ON THE COURT'S DOCKET
Hon. Michael J. Newman United States District Judge
This Social Security case is before the Court on the Report and Recommendation issued by United States Magistrate Judge Sharon L. Ovington (doc. no. 13), to whom this case was referred pursuant to 28 U.S.C. § 636(b). Judge Ovington recommended that the ALJ's non-disability finding be vacated. No. objections were filed. As required by 28 U.S.C. § 636(b) and Fed.R.Civ.P. 72(a), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all filings in this matter.
Upon careful de novo consideration of the foregoing, the Court determines that the Report and Recommendation (doc. no. 13) should be adopted. Accordingly, it is hereby ORDERED that: (1) the Report and Recommendation (doc. 13) is ADOPTED in full; (2) the Commissioner's non-disability finding is VACATED; (3) no finding is made as to whether Plaintiff was under a “disability” within the meaning of the Social Security Act; (4) this matter is REMANDED to the
Social Security Administration under sentence four of 42 U.S.C. § 405(g) for further consideration consistent with this decision; and (5) this case is TERMINATED on the docket of this Court.
IT IS SO ORDERED.