Harshman v. Colvin

Filing 27

ORDER adopting 26 Memorandum and Recommendations, granting 19 Motion for Judgment on the Pleadings, and denying 22 Motion to Remand to Social Security Administration - The final decision of the Commissioner is REVERSED and the case is REMANDED for an award of benfits. Signed by District Judge Louise Wood Flanagan on 8/24/2017. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-261-FL

CHRISTOPHER B. HARSHMAN,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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ORDER

This matter is before the court on the Memorandum and Recommendation (“M&R”) of
United States Magistrate Judge Robert B. Jones, Jr., regarding plaintiff’s motion for judgment on
the pleadings (DE 19) and defendant’s motion to remand (DE 22). No objections to the M&R have
been filed, and the time within which to make any objection has expired. This matter is ripe for
ruling.
Upon careful review of the M&R and of the record generally, having found no clear error,
the court hereby ADOPTS the recommendation of the magistrate judge as its own, and, for the
reasons stated therein, plaintiff’s motion is GRANTED, defendant’s motion is DENIED, and the
final decision of the Commissioner is REVERSED and the case REMANDED for an award of
benefits, pursuant to sentence four of 42 U.S.C. § 405(g). The clerk of court is directed to close the
case.
SO ORDERED this the 24th day of August, 2017.
______________________________
LOUISE W. FLANAGAN
United States District Judge