HORTON v. BERRYHILL

Case No. 3:16-cv-128.

TRACEY HORTON, 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. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (SSID)
Nature of Suit: 863 Social Security: DIWC / DIWW
Source: PACER


Attorney(s) appearing for the Case

Tracey Horton, Plaintiff, represented by Gary Marc Blumenthal , Horenstein, Nicholson & Blumenthal.

Commissioner of Social Security, Defendant, represented by James Desir , Special Assistant United States Attorney, John J. Stark , US Attorney Office & Pong Chulirashaneekorn , Social Security Administration.


DECISION AND ENTRY

THOMAS M. ROSE, District Judge.

The Court has reviewed the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #13), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, this Court hereby ADOPTS said Report and Recommendations.

Accordingly, it is hereby ORDERED that:

1. The Report and Recommendations filed on June 28, 2017 (Doc. #13) is ADOPTED in full; 2. The Commissioner's non-disability finding is VACATED; 3. No finding is made as to whether Plaintiff Tracey Horton 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 the Report and Recommendations and this Decision; and 5. The case is terminated on the docket of this Court.

IT IS SO ORDERED.


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