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07-201 - Hill v. Commissioner of Social Security


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07-201 - Hill v. Commissioner of Social Security
August 12, 2008
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REPORT AND RECOMMENDATIONS: recommending that the Commissioner's nondisability findings be VACATED; no finding be made as to whether Plaintiff James Hill was under a "disability" within the meaning of the Social Security Act; this case be REMANDED to the Commissioner and the ALJ under Sentence Four of 42 USC Section 405(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 8/29/2008. Signed by Magistrate Judge Sharon L Ovington on 8/12/08. (rp1, )
September 29, 2008
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DECISION AND ENTRY ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 11 ); PLAINTIFF'S OBJECTIONS IN PART TO SAID JUDICIAL FILING (DOC. 12 ) SUSTAINED; JUDGMENT TO ENTER IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT COMMISSIONER, REVERSING COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED, AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT AND REMANDING CAPTIONED CAUSE TO DEFENDANT COMMISSIONER FOR PAYMENT OF BENEFITS CONSISTENT WITH THE SOCIAL SECURITY ACT; TERMINATION ENTRY. Signed by Walter H Rice on 9/29/2008. (sc1, )