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16-291 - Emrich v. Commissioner of Social Security


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16-291 - Emrich v. Commissioner of Social Security
July 6, 2017
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REPORT AND RECOMMENDATION THAT: (1) THE ALJ'S NON-DISABILITY FINDING BE FOUND UNSUPPORTED BY SUBTANTIAL EVIDENCE, AND REVERSED UNDER THE FOURTH SENTECE OF 42 U.S.C § 405(g); (2) THIS MATTER BE REMANDED TO THE ALJ FOR AN IMMEDIATE AWARD OF BENEFITS; AND (3) THIS CASE BE CLOSED. Objections to R&R due by 7/20/2017. Signed by Magistrate Judge Michael J. Newman on 7/6/2017. (srb)
August 14, 2017
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DECISION AND ENTRY ADOPTING REPORT ANDRECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #12), AND OVERRULING OBJECTIONS OF DEFENDANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY (DOC. #13), TO SAID JUDICIAL FILING; JUDGMENT SHALL ENTER IN FAVOR OF PLAINTIFF DALE EMRICH AND AGAINST THE 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 PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR THE IMMEDIATE AWARD OF BENEFITS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 8/11/17. (pb)