Marshall v. Commissioner of Social Security, No. 3:2020cv00523 - Document 12 (S.D. Ohio 2021)

Court Description: DECISION AND ENTRY regarding 11 Motion to Remand. The Court orders that (1) the parties' Joint Stipulation to Remand to the Commissioner (Doc. No. 11) is ACCEPTED; (2) the Clerk of Court is directed to enter Judgment in Plaintiff's favor under Fed. R. Civ. P. 58; (3) this matter is REMANDED to the Social Security Administration, pursuant to sentence four of 42 U.S.C. § 405(g), for further consideration consistent with this Decision and Entry and the parties' stipulation; and (4) the case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 11-5-2021. (mm)

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Marshall v. Commissioner of Social Security Doc. 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON AIMEE RENE MARHSALL, Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:20-cv-523 : : District Judge Thomas M. Rose : Magistrate Judge Sharon L. Ovington : : : : : : DECISION AND ENTRY This social security case is presently before the Court on the parties’ Joint Stipulation to Remand to the Commissioner. (Doc. No. 11). The parties agree that this matter should be remanded to the Commissioner for further administrative proceedings pursuant to Sentence Four of Section 205 of the Social Security Act, 42 U.S.C. § 405(g). On remand, the Administrative Law Judge (ALJ) will further consider Plaintiff’s claim, take any further action necessary to complete the administrative record, and issue a new decision. In doing so, the ALJ shall reconsider the opinion evidence in a manner consistent with the applicable regulations. IT IS THEREFORE ORDERED THAT: 1. The parties’ Joint Stipulation to Remand to the Commissioner (Doc. No. 11) is ACCEPTED; 2. The Clerk of Court is directed to enter Judgment in Plaintiff’s favor under Fed. R. Civ. P. 58; Dockets.Justia.com 3. This matter is REMANDED to the Social Security Administration, pursuant to sentence four of 42 U.S.C. § 405(g), for further consideration consistent with this Decision and Entry and the parties’ stipulation; and 4. The case is terminated on the docket of this Court. IT IS SO ORDERED. Date: November 5, 2021 s/Thomas M. Rose Thomas M. Rose United States District Judge 2

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