Brandt v. Commissioner of Social Security et al
| Frank Brandt |
| SSA |
| Commissioner of Social Security |
| 3:2008cv00137 |
| April 25, 2008 |
| US District Court for the Southern District of Ohio |
| Social Security: DIWC/DIWW Office |
| MONTGOMERY |
| Sharon L Ovington |
| Walter H Rice |
| None |
| U.S. Government Defendant |
| 42:405 Review of HHS Decision (DIWW) |
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Filing
14
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON JULY 22,2009 13 ; VACATING THE COMMISSIONER'S FINAL NON-DISABIUTY DECISION; MAKING NO FINDING AS TO WHETHER PLAINTIFF IS UNDER A "DISABILITY" WITHIN THE MEANING OF THE SO CIAL SECURITY ACT; REMANDING THIS CASE TO THE COMMISSIONER AND THE ADMINISTRATIVE LAW JUDGE UNDER SENTENCE FOUR OF 42 U.S.C. 405(g) FOR FURTHER CONSIDERATION CONSISTENT WITH THIS DECISION AND WITH THE REPORT AND RECOMMENDATIONS; AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT. Signed by Judge Walter H Rice on 8/11/2009. (davisj1, )
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Filing
13
REPORT AND RECOMMENDATIONS re 2 Complaint filed by Frank Brandt. IT IS THEREFORE RECOMMENDED THAT: 1. The Commissioner's non-disability finding be vacated; 2. No finding be made as to whether Plaintiff Frank Brandt was under a"disability" within the meaning of the Social Security Act; 3. This case be remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. §405(g) for further consideration consistent with this Report; and 4. The case be terminated on the docket of this Court. Objections to R&R due by 8/10/2009. Signed by Magistrate Judge Sharon L Ovington on 7/22/09. (cib1, )
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