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07-192 - Stapleton v. Commissioner of Social Security


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07-192 - Stapleton v. Commissioner of Social Security
August 5, 2008
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REPORT AND RECOMMENDATIONS re 2 Complaint filed by Rachil Stapleton - The Commissioners non-disability finding be vacated; No finding be made as to whether Plaintiff Rachil J. Stapleton was under a disability within the meaning of the Social Security Act during the period of time at issue; This case be remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. ยง405(g) for further consideration consistent with this Report; and The case be terminated on the docket of this Court. Objections to R&R due by 8/22/2008. Signed by Magistrate Judge Sharon L Ovington on 8/5/2008. (davisj1, )
August 27, 2008
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON AUGUST 5, 2008 (Doc. 10 ); VACATING THE COMMISSIONER'S FINAL DECISION THAT PLAINTIFF WAS NOT UNDER A "DISABILITY" WITHIN THE MEANING OF THE SOCIAL SECURITY ACT; MAKING NO FINDING REGARDING WHETHER PLAINTIFF IS UNDER A "DISABILITY" DURING THE PERIOD OF TIME AT ISSUE; REMANDING THE CASE TO THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION UNDER SENTENCE FOUR OF 42 U.S.C. 405(g); AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT. Signed by Judge Walter H Rice on 8/27/2008. (sc1, )