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govinfo:USCOURTS-ohsd-1_25-cv-00889-0

U.S. District Court for the Southern District of Ohio · 2026-06-17

· GavelSight synced 2026-09-06 03:50:50

TABITHA B., 
V. 
IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
WESTERN DIVISION - CINCINNATI 

Plaintiff, Judge Matthew W. McFarland 
FRANK BISIGNANO, 
Commissioner of Social Security, 
Defendant. 
ORDER 
This matter is before the Court on the parties' Joint Motion to Remand (Doc. 11) 
and Joint Status Report (Doc. 12). In their Motion and Joint Status Report, the parties 
request that the Court reverse the Commissioner's decision and remand this matter to the 
Commissioner for further administrative proceedings pursuant to Sentence Four of 
Section 405(g) of the Social Security Act, 42 U.S.C. § 405(g) ("Sentence Four"). (Joint 
Motion to Remand, Doc. 11, Pg. ID 1401; Joint Status Report, Doc. 12, Pg. ID 1404.) The 
parties note their agreement that this Court should reverse, remand, and enter judgment 
in favor of Plaintiff based on deficits in the Administrative Law Judge's evaluation of the 
state agency psychologist's findings. (Joint Status Report, Doc. 12, Pg. ID 1404.) 
Accordingly, based on the deficits in the Administrative Law Judge's consideration of 
this matter, the Court ORDERS the following: 
1. The parties' Joint Motion to Remand (Doc. 11) is GRANTED;
2. The Commissioner's decision in this matter is REVERSED;
Case: 1:25-cv-00889-MWM-KAJ Doc #: 13 Filed: 06/17/26 Page: 1 of 2 PAGEID #: <pageID>
3. This matter is REMANDED to the Commissioner, pursuant to Sentence Four; 
4. On remand, the Appeals Council shall instruct the Administrative Law Judge to 
further consider Plaintiff's claim and reevaluate the state agency psychologist's 
findings, taking any action necessary to complete the administrative record, 
including offering Plaintiff the opportunity for a hearing and issuing another 
decision; and 
5. This matter is TERMINATED from the Court's docket. 
IT IS SO ORDERED. 
2 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF OHIO QJ) 
B;1{~ .V.~ff~~ 
JUDGE MATTHEW W. McFARLAND 
Case: 1:25-cv-00889-MWM-KAJ Doc #: 13 Filed: 06/17/26 Page: 2 of 2 PAGEID #: <pageID>

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