McDonald v. Commissioner of Social Security

Justia Dockets & Filings Sixth Circuit Ohio Southern District McDonald v. Commissioner of Social Security

McDonald v. Commissioner of Social Security

Plaintiff:	Diana K McDonald
Defendant:	Commissioner of Social Security
Case Number:	3:2014cv00408
Filed:	November 26, 2014
Court:	US District Court for the Southern District of Ohio
Office:	Dayton Office
County:	GREENE
Presiding Judge:	Sharon L Ovington
Presiding Judge:	Walter H Rice
Nature of Suit:	Social Security: SSID Tit. XVI
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (DIWW)
Jury Demanded By:	None

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Date Filed	Document Text
March 23, 2016	Filing 16 DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. # 12 ) IN THEIR ENTIRETY; DEFENDANT'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. # 14 )OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAI NST DEFENDANT COMMISSIONER, VACATING COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), FOR THE PAYMENT OF BENEFITS CONSISTENT WITH THE SOCIAL SECURITY ACT, WITH THE DISABILITY ONSET DATE OF FEBRUARY 6, 2012, AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT SECRETARY, PURSUANT TO SENTENCE FOUR OF 42 U.S.C.§ 405(g), FOR FURTHER ADMINISTRATIVE PROCEEDINGS TO DETERMINE WHETHER PLAINTIFF WAS UNDER A DISABILITY FOR THE PERIOD BETWEEN APRIL 11, 2011, TO FEBRUARY 6, 2012; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/23/2016. (ead)
January 29, 2016	Filing 12 REPORT AND RECOMMENDATIONS: The Commissioner's non-disability finding be vacated; (2) No finding be made as to whether Plaintiff was under a disability between April 11, 2011 and February 6, 2012, and this case be remanded to the Social Security Administration for further consideration of whether Plaintiff was under a disability during this time period; (3) This matter be otherwise remanded for payment of benefits with a disability onset date of February 6, 2012; and (4) The case be terminated on the docket of this Court. Objections to R&R due by 2/16/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 1/29/16. (mcm)

Date Filed

Document Text

March 23, 2016

Filing 16 DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. # 12 ) IN THEIR ENTIRETY; DEFENDANT'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. # 14 )OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAI NST DEFENDANT COMMISSIONER, VACATING COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), FOR THE PAYMENT OF BENEFITS CONSISTENT WITH THE SOCIAL SECURITY ACT, WITH THE DISABILITY ONSET DATE OF FEBRUARY 6, 2012, AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT SECRETARY, PURSUANT TO SENTENCE FOUR OF 42 U.S.C.§ 405(g), FOR FURTHER ADMINISTRATIVE PROCEEDINGS TO DETERMINE WHETHER PLAINTIFF WAS UNDER A DISABILITY FOR THE PERIOD BETWEEN APRIL 11, 2011, TO FEBRUARY 6, 2012; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/23/2016. (ead)

January 29, 2016

Filing 12 REPORT AND RECOMMENDATIONS: The Commissioner's non-disability finding be vacated; (2) No finding be made as to whether Plaintiff was under a disability between April 11, 2011 and February 6, 2012, and this case be remanded to the Social Security Administration for further consideration of whether Plaintiff was under a disability during this time period; (3) This matter be otherwise remanded for payment of benefits with a disability onset date of February 6, 2012; and (4) The case be terminated on the docket of this Court. Objections to R&R due by 2/16/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 1/29/16. (mcm)

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Plaintiff: Diana K McDonald
Represented By:	Grant Elliot Felbaum
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Defendant: Commissioner of Social Security
Represented By:	John J. Stark
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