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07-057 - Reese v. Commissioner of Social Security


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07-057 - Reese v. Commissioner of Social Security
July 16, 2008
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REPORT AND RECOMMENDATIONS THAT: 1. The Commissioner's non-disability finding be vacated; 2. No finding be made as to whether Plaintiff Betty A. Reese was under a "disability" within the meaning of the Social Security Act; 3. This case be remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. 405(g) for further consideration consistent with this Report; and 4. The case be terminated on the docket of this Court. Objections to R&R due by 8/4/2008. Signed by Magistrate Judge Sharon L Ovington on 7/16/08. (sc1, )
September 29, 2008
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 14 ) IN THEIR ENTIRETY; PLAINTIFF'S OBJECTIONS TO SAID JUDICIAL FILING (DOC. 18 ) OVERRULED; JUDGMENT TO ENTER IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT COMMISSIONER, VACATING COMMISSIONER'S FINDING OF NON-DISABILITY; MAKING NO FINDING AS TO WHETHER PLAINTIFF WAS UNDER A "DISABILITY" WITHIN THE MEANING OF THE SOCIAL SECURITY ACT; AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT COMMISSIONER AND THE ADMINISTRATIVE LAW JUDGE, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g), FOR FURTHER CONSIDERATIONS; TERMINATION ENTRY. Signed by Walter H Rice on 9/29/2008. (sc1, )