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07-268 - Martin v. Commissioner of Social Security Administration


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07-268 - Martin v. Commissioner of Social Security Administration
August 7, 2008
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REPORT AND RECOMMENDATIONS THAT: 1. The Commissioner's residual functional capacity finding be vacated; 2. No finding be made as to whether Plaintiff Wanda Martin 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. ยง 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 8/25/2008. Signed by Magistrate Judge Sharon L Ovington on 8/7/2008. (sc1, )
August 27, 2008
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS (Doc. 8 ); 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. 405(g); AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT. Signed by Judge Walter H Rice on 8/27/2008. (sc1, )