GARBER v. COLVIN
Plaintiff: GARNET L. GARBER
Defendant: CAROLYN W. COLVIN
Miscellaneous: SSA (Court Use Only) and USM (Court Use Only)
Case Number: 1:2016cv03221
Filed: November 28, 2016
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Mark J. Dinsmore
Presiding Judge: Jane Magnus-Stinson
Nature of Suit: Social Security: SSID Tit. XVI
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (SSID)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 29, 2017 Opinion or Order Filing 27 ENTRY ON THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - Garnet L. Garber previously applied for a period of disability and disability insurance benefits on March 13, 2011. [Filing No. 13 -3 at 3.] Ms. Garber was initially denied benefits , and after a hearing before Administrative Law Judge Roxanne Fuller ("ALJ Fuller"), Ms. Garber was determined not to be disabled on August 23, 2012. [Filing No. 13 -3 at 3.] Ms. Garber did not request the Appeals Council to review ALJ Fuller's decision. [Filing No. 13 -3 at 3.] This Court referred the matter to Magistrate Judge Mark J. Dinsmore ("the Magistrate Judge"), who issued a Report and Recommendation. [Filing No. 24 .] In the Report and Recommendation, the Magistrate Judge found the ALJ's decision to be supported by substantial evidence and recommended the ALJ's decision be affirmed. [Filing No. 24 at 12.] Ms. Garber timely filed her Objection to the Report and Recommendation, which is presently pending before the Court. [Filing No. 25 .] The Commissioner did not respond to the Objection. For the reasons stated in this Entry, the Court SUSTAINS IN PART Ms. Garber's Objection, VACATES the ALJ's decision denying Ms. Garber's benefits, and REMANDS this matter for further proceedings under 42 U.S.C. § 405(g). Final judgment will issue accordingly. Signed by Judge Jane Magnus-Stinson on 11/29/2017.(APD)
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Defendant: CAROLYN W. COLVIN
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Plaintiff: GARNET L. GARBER
Represented By: Indianapolis, IN 46254-2409
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Miscellaneous: SSA (Court Use Only)
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Miscellaneous: USM (Court Use Only)
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