Barlion v. Commissioner of Social Security, No. 3:2021cv00187 - Document 11 (S.D. Ohio 2021)
Court Description: DECISION AND ENTRY granting 10 Motion to Remand. IT IS THEREFORE ORDERED THAT: The Clerk of Court is directed to enter Judgment in Plaintiffs favor under Fed. R. Civ. P. 58; This matter is REMANDED to the Social Security Administ ration, pursuant to sentence four of 42 U.S.C. § 405(g), for further consideration consistent with this Decision and Entry and the parties' Motion; and The case is terminated on the docket of this Court.. Signed by Magistrate Judge Sharon L. Ovington on 12/21/21. (bjr)
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Barlion v. Commissioner of Social Security Doc. 11 Case: 3:21-cv-00187-SLO Doc #: 11 Filed: 12/21/21 Page: 1 of 2 PAGEID #: 2765 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON APRIL BARLION, Plaintiff, vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. : Case No. 3:21-cv-187 : : Magistrate Judge Sharon L. Ovington : (by full consent of the parties) : : : : : : DECISION AND ENTRY This social security case is presently before the Court on the parties’ Joint Motion to Remand. (Doc. No. 10). The parties agree that the Commissioner’s decision should be reversed and that this matter should be remanded to the Commissioner for further administrative proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g). Upon remand, the Appeals Council will vacate all findings in the Administrative Law Judge’s decision. The Commissioner will develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, hold a new hearing with a different ALJ, and then issue a new decision. IT IS THEREFORE ORDERED THAT: 1. The parties’ Joint Motion to Remand (Doc. No. 10) 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 Case: 3:21-cv-00187-SLO Doc #: 11 Filed: 12/21/21 Page: 2 of 2 PAGEID #: 2766 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’ Motion; and 4. The case is terminated on the docket of this Court. IT IS SO ORDERED. December 21, 2021 s/Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge 2
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