Washington, Jr. v. Commissioner of Social Security

Justia Dockets & Filings Sixth Circuit Ohio Southern District Washington, Jr. v. Commissioner of Social Security

Washington, Jr. v. Commissioner of Social Security

Plaintiff:	Dan Washington, Jr.
Defendant:	Commissioner of Social Security
Case Number:	3:2015cv00367
Filed:	October 8, 2015
Court:	US District Court for the Southern District of Ohio
Office:	Dayton Office
County:	MONTGOMERY
Presiding Judge:	Michael J. Newman
Presiding Judge:	Walter H. Rice
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
December 30, 2016	Filing 14 DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. # 11 ) IN THEIR ENTIRETY; OBJECTIONS OF PLAINTIFF DAN WASHINGTON, JR. (DOC.# 12 ), AND OBJECTIONS OF DEFENDANT CAROLYN W. COLVIN, ACTING COMMISSIONER OF SO CIAL SECURITY, (DOC. # 13 ) TO SAID JUDICIALFILING ARE OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST COMMISSIONER, REVERSING COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS U NDER THE SOCIAL SECURITY ACT, AND REMANDING CAPTIONED CAUSE TO THE COMMISSIONER, PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g), FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATIONS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 12/29/16. (kma)
November 15, 2016	Filing 11 REPORT AND RECOMMENDATION THAT: (1) THE ALJS NON-DISABILITY FINDING BE FOUND UNSUPPORTED BY SUBSTANTIAL EVIDENCE, AND REVERSED; (2) THIS MATTER BE REMANDED TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CO NSISTENT WITH THIS OPINION; AND (3) THIS CASE BE CLOSED - IT IS THEREFORE RECOMMENDED THAT: 1. The Commissioners non-disability finding be found unsupported by substantial evidence, and REVERSED; 2. This matter be REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for proceedings consistent with this opinion; and 3. This case be CLOSED. Objections to R&R due by 12/2/2016. Signed by Magistrate Judge Michael J. Newman on 11/15/2016. (srb)

Date Filed

Document Text

December 30, 2016

Filing 14 DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. # 11 ) IN THEIR ENTIRETY; OBJECTIONS OF PLAINTIFF DAN WASHINGTON, JR. (DOC.# 12 ), AND OBJECTIONS OF DEFENDANT CAROLYN W. COLVIN, ACTING COMMISSIONER OF SO CIAL SECURITY, (DOC. # 13 ) TO SAID JUDICIALFILING ARE OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST COMMISSIONER, REVERSING COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS U NDER THE SOCIAL SECURITY ACT, AND REMANDING CAPTIONED CAUSE TO THE COMMISSIONER, PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g), FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATIONS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 12/29/16. (kma)

November 15, 2016

Filing 11 REPORT AND RECOMMENDATION THAT: (1) THE ALJS NON-DISABILITY FINDING BE FOUND UNSUPPORTED BY SUBSTANTIAL EVIDENCE, AND REVERSED; (2) THIS MATTER BE REMANDED TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CO NSISTENT WITH THIS OPINION; AND (3) THIS CASE BE CLOSED - IT IS THEREFORE RECOMMENDED THAT: 1. The Commissioners non-disability finding be found unsupported by substantial evidence, and REVERSED; 2. This matter be REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for proceedings consistent with this opinion; and 3. This case be CLOSED. Objections to R&R due by 12/2/2016. Signed by Magistrate Judge Michael J. Newman on 11/15/2016. (srb)

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Plaintiff: Dan Washington, Jr.
Represented By:	Gary Marc Blumenthal
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Defendant: Commissioner of Social Security
Represented By:	John J. Stark
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