Hoyt v. Commissioner of Social Security, No. 3:2021cv00131 - Document 15 (S.D. Ohio 2022)

Court Description: DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on August 3, 2022 (Doc. 14 ) is ADOPTED in full; 2. Plaintiff's Statement of Errors (Doc. 8 ) is GRANTED; 3. The Court REVERSES the Commissioners non-di sability determination; 4. No finding is made as to whether Plaintiff was under a disability within the meaning of the Social Security Act; 5. This matter is REMANDED to the Social Security Administration under Sentence Four of 42 U.S.C. § 405(g) for further consideration consistent with this Decision and Entry; and 6. The case is terminated on the docket of this Court. IT IS SO ORDERED. Signed by Judge Thomas M. Rose on 8/23/2022. (srb)

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Hoyt v. Commissioner of Social Security Doc. 15 Case: 3:21-cv-00131-TMR-CHG Doc #: 15 Filed: 08/23/22 Page: 1 of 2 PAGEID #: 728 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON CORINA H., Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:21-cv-00131 : : District Judge Thomas M. Rose : Magistrate Judge Caroline H. Gentry : : : : : : DECISION AND ENTRY The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Caroline H. Gentry (Doc. 14), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and that the time for filing such objections, if any, under Fed. R. Civ. P. 72(b), has expired, this Court hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on August 3, 2022 (Doc. 14) is ADOPTED in full; 2. Plaintiff’s Statement of Errors (Doc. 8) is GRANTED; 3. The Court REVERSES the Commissioner’s non-disability determination; 4. No finding is made as to whether Plaintiff was under a “disability” within the meaning of the Social Security Act; Dockets.Justia.com Case: 3:21-cv-00131-TMR-CHG Doc #: 15 Filed: 08/23/22 Page: 2 of 2 PAGEID #: 729 5. This matter is REMANDED to the Social Security Administration under Sentence Four of 42 U.S.C. § 405(g) for further consideration consistent with this Decision and Entry; and 6. The case is terminated on the docket of this Court. IT IS SO ORDERED. Date: August 23, 2022 s/Thomas M. Rose Thomas M. Rose United States District Judge 2

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