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15-408 - Nall v. Commissioner of Social Security


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15-408 - Nall v. Commissioner of Social Security
January 31, 2017
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REPORT AND RECOMMENDATIONS: 1) The Commissioner's non-disability finding be reversed and this case be remanded to the Commissioner under for payment of benefits; and 2) The case be terminated on the docket of this Court. Objections to R&R due by 2/14/2017. Signed by Magistrate Judge Sharon L. Ovington on 1/31/17. (mcm)
March 29, 2017
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DECISION AND ENTRY ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATIONS (DOC. #13) OF UNITED STATES MAGISTRATE JUDGE; OBJECTIONS OF DEFENDANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, TO SAIDJUDICIAL FILING (DOC. #14) ARE SUSTAINED IN PART AND OVERRULED IN PART; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF JOHN NALL AND AGAINST THE 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 DEFENDANT COMMISSIONER, PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. ยง 405(g), FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/29/17. (kma)