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07-081 - Simon v. Commissioner of Social Security Administration


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07-081 - Simon v. Commissioner of Social Security Administration
August 12, 2008
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rminated on the docket of this Court. OBJECTIONS TO R&R DUE BY 8/29/2008. Signed by Magistrate Judge Sharon L. Ovington on 8/12/08. (bev1, )REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. The Commissioner's non-disability finding be vacated; 2. No finding be made as to whether Plaintiff Byron Simon was under a "disability" within the meaning of the Social Security Act during the period of time at issue; 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 te
September 3, 2008
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DECISION AND ENTRY 1. The Report and Recommendations filed on August 12, 2008 (Doc. 10) is ADOPTED in full; 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 case is 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 5. The case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 9/3/08. (bev1, )