FIELDS v. BERRYHILL

Case No. 3:16-cv-270.

BENTLEY FIELDS, Plaintiff, v. NANCY A. BERRYHILL, COMMISSIONER OF SOCIAL SECURITY, Defendant.

United States District Court, S.D. Ohio, Western Division, Dayton.

Editors Note
Applicable Law: 42 U.S.C. § 425
Cause: 42 U.S.C. § 425 Social Security Benefits
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER


Attorney(s) appearing for the Case

Bentley Fields, Plaintiff, represented by Marilyn Ruth Donoff , M. R. Donoff and Associates.

Commissioner of Social Security, Defendant, represented by John J. Stark , US Attorney Office & Adam R. Sorkin , Social Security Administration, Office of General Counsel.


DECISION AND ENTRY

THOMAS M. ROSE, District Judge.

This social security case is presently before the Court on the parties' Joint Motion to Remand. (Doc. #12). The parties hereby stipulate and petition this Court to order remand of this case for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g) and to enter judgment pursuant to Federal Rule of Civil Procedure 58. Upon remand, the Appeals Council will vacate all findings in the Administrative Law Judge's decision. The Commissioner will conduct further proceedings, offer the plaintiff a supplemental hearing and develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, and then issue a new decision.

IT IS THEREFORE ORDERED THAT:

1. The parties' Joint Motion to Remand (Doc. #12) 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' stipulation; and 4. The case is terminated on the docket of this Court.

IT IS SO ORDERED.


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