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15-188 - Schmalstig v. Commissioner of Social Security


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15-188 - Schmalstig v. Commissioner of Social Security
May 13, 2016
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REPORT AND RECOMMENDATIONS: The Commissioner's Motion to Remand 9 be GRANTED, in part and DENIED, in part; the Commissioner's non-disability finding be reversed; this matter be remanded to the Social Security Administration for payment of benefits regarding Plaintiff Patrick Schmalstig's application protectively filed on April 25, 2011; and the case be terminated on the docket of this Court. Objections to R&R due by 5/31/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 5/13/2016. (lek)
June 13, 2016
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DECISION AND ENTRY ADOPTING IN FULL REPORT AND RECOMMENDATIONS OF UNITED STATES CHIEF MAGISTRATE JUDGE (DOC. # 11); DEFENDANT CAROLYN W. COLVIN,COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION'S MOTION FOR REMAND (DOC. # 9) IS SUSTAINED IN PART AND OVERRULED IN PART; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT COMMISSIONER, REVERSING THE COMMISSIONER'S DECISION THAT PLAINTIFF WAS NOT DISABLED AND, THEREFORE, NOT ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT, AND REMANDING THE CAPTIONED CAUSE TO THE COMMISSIONER FOR THE IMMEDIATE PAYMENT OF BENEFITS CONSISTENT WITH THE SOCIAL SECURITY ACT; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 6/13/2016. (srb)