GARBER v. COLVIN
| GARNET L. GARBER |
| CAROLYN W. COLVIN |
| SSA (Court Use Only) and USM (Court Use Only) |
| 1:2016cv03221 |
| November 28, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
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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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