Vance v. Astrue

Filing 26

ORDER denying 15 Motion for Summary Judgment; denying 18 Motion for Summary Judgment; adopting in part 21 Report and Recommendations and the final decision of the Commissioner is vacated and the case is remanded for futher administrative proceedings. Signed by Judge James P. Jones on 8/1/09. (Callahan, Sharon)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION

CARLOS EDWARD VANCE, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.

) ) ) ) ) ) ) ) ) ) )

Case No. 1:08CV00019 FINAL JUDGMENT By: James P. Jones Chief United States District Judge

For the reasons stated in the opinion accompanying this final judgment, it is ADJUDGED AND ORDERED as follows: 1. The objections to the magistrate judge's report and recommendation

are granted in part and denied in part; 2. The magistrate judge's report and recommendation is accepted in

part and rejected in part; 3. The motion for summary judgment by the Commissioner of Social

Security ("Commissioner") is denied and the motion for summary judgment by the plaintiff is denied;

4.

The final decision of the Commissioner is vacated and the case is

remanded for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C.A. § 405(g), consistent with the opinion of the court; and 5. The clerk is directed to close the case.

ENTER: August 1, 2009 /s/ JAMES P. JONES Chief United States District Judge

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