Rothgeb v. Commissioner Of Social Security
Plaintiff: Ernest L Rothgeb
Defendant: Commissioner Of Social Security
Case Number: 3:2008cv00115
Filed: April 1, 2008
Court: US District Court for the Southern District of Ohio
Office: Social Security: DIWC/DIWW Office
County: CLARK
Presiding Judge: Sharon L Ovington
Presiding Judge: Thomas M Rose
Nature of Suit: None
Cause of Action: U.S. Government Defendant
Jury Demanded By: 42:405 Review of HHS Decision (DIWC)

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 21, 2009 Opinion or Order Filing 16 DECISION AND ORDER: 1. The Commissioner shall pay Plaintiff's attorney fees and costs pursuant to the EAJA in the total amount of $3,400.00; 2. Plaintiff's Motion for Attorney Fees (Doc. 14 ) is DENIED as moot; and 3. The case remains terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 7/21/09. (bev1, )
May 6, 2009 Opinion or Order Filing 12 DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on April 11, 2009 (Doc. 11 ) is ADOPTED in full; 2. The Commissioner's non-disability finding is VACATED; 3. No finding is made as to whether Plaintiff E rnest L. Rothgeb was under a "disability" within the meaning of the Social Security Act; 4. This case is 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 Decision and Entry and the Report and Recommendations; and 5. This case is terminated on the docket of this Court. Signed by Thomas M Rose on 5/6/09. (bev1, )
April 16, 2009 Opinion or Order Filing 11 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Ernest L Rothgeb IT THEREFORE IS RECOMMENDED THAT: 1. The Commissioner's non-disability finding be vacated; 2. No finding be made as to whether Plaintiff Ernest Rothgeb was under a "disab ility" 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 5/4/2009. Signed by Magistrate Judge Sharon L Ovington on 4/16/09. (bev1, )
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Plaintiff: Ernest L Rothgeb
Represented By: Carla J Lauer
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Defendant: Commissioner Of Social Security
Represented By: John J Stark
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