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07-254 - Srode v. Commissioner of Social Security


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07-254 - Srode v. Commissioner of Social Security
September 5, 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 Bobbie J. Srode 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 4 of 42 U.S.C. 405(g) for further consideration consistent with this Report; and4. The case be terminated on the docket of this Court. Objections to R&R due by 9/22/2008. Signed by Magistrate Judge Sharon L Ovington on 9/5/2008. (sc1, )
September 23, 2008
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON SEPTEMBER 5, 2008 11; 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"; REMANDING THE CASE TO THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION UNDER SENTENCE FOUR OF 42 U.S.C. ยง405(g); AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT. Signed by Judge Walter H Rice on 9/23/2008. (davisj1, )