Riggins v. Astrue

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION denying 14 Motion for Summary Judgment filed by Richard F Riggins and denying 16 Motion for Summary Judgment filed by Michael J Astrue and remanding this case pursuant to Sentence Four and whatever else the order states. Signed by Judge James P. Jones on April 14, 2011. (aec)

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

RICHARD F. RIGGINS,
Plaintiff,
v.
MICHAEL J. ASTRUE,
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No. 1:10CV00030
JUDGMENT
By: James P. Jones
United States District Judge

Based upon the court’s de novo review of those portions of the magistrate
judge’s Report filed January 24, 2011, to which the defendant objected, it is
ADJUDGED AND ORDERED as follows:
1.

The Report and its findings and recommendations are wholly

ACCEPTED and APPROVED;
2.

The motions for summary judgment by the parties are DENIED;

3.

The final decision of the Commissioner of Social Security is VACATED

and this action is REMANDED to the Commissioner pursuant to the fourth sentence
of 42 U.S.C. § 405(g) for further consideration in accord with the Report; and
4.

The clerk will close this case.

ENTER: April 14, 2011
/s/ JAMES P. JONES
United States District Judge