3:24-cv-00280•Case Name in Social Security Case - Unavailable
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON VERNE S., Plaintiff, Case No. 3:24-cv-280 vs. COMMISSIONER OF THE SOCIAL District Judge Michael J. Newman SECURITY ADMINISTRATION, Magistrate Judge Caroline H. Gentry Defendant. ______________________________________________________________________________ ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. No. 12); (2) REVERSING THE COMMISSIONER’S NON-DISABILITY FINDING; (3) MAKING NO FINDING AS TO WHETHER PLAINTIFF WAS UNDER A “DISABILITY” WITHIN THE MEANING OF THE SOCIAL SECURITY ACT; (4) REMANDING THIS MATTER TO THE SOCIAL SECURITY ADMINISTRATION UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) FOR FURTHER CONSIDERATION CONSISTENT WITH THIS DECISION; AND (5) TERMINATING THIS CASE ON THE COURT’S DOCKET ______________________________________________________________________________ This Social Security case is before the Court on the Report and Recommendation issued by United States Magistrate Judge Caroline H. Gentry (Doc. No. 12), to whom this case was referred pursuant to 28 U.S.C. § 636(b). Judge Gentry recommended that the ALJ’s non-disability finding be reversed. Noting that no objections have been filed and that the time for filing objections under Fed. R. Civ. P. 72(b) has expired, and having carefully reviewed this matter, it is hereby ORDERED that: (1) the Report and Recommendation is ADOPTED; (2) the Commissioner’s non-disability finding is VACATED; (3) no finding is made as to whether Plaintiff was under a “disability” within the meaning of the Social Security Act; (4) this matter is REMANDED to the Social Security Administration under Sentence Four of 42 U.S.C. § 405(g) Case: 3:24-cv-00280-MJN-CHG Doc #: 13 Filed: 02/25/26 Page: 1 of 2 PAGEID #: <pageID>
for further consideration consistent with this decision; and (5) this case is TERMINATED on the Court’s docket. IT IS SO ORDERED. February 25, 2026 s/Michael J. Newman Hon. Michael J. Newman United States District Judge Case: 3:24-cv-00280-MJN-CHG Doc #: 13 Filed: 02/25/26 Page: 2 of 2 PAGEID #: <pageID>
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