Kinder v. Commissioner Of Social Security

Filing 22

FINAL JUDGMENT granting 13 Motion for Summary Judgment; denying 15 Motion for Summary Judgment; Report and Recommendations 18 is accepted. Signed by Judge James P. Jones on 10/11/2012. (lmh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION AMANDA FRANCIS KINDER, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 1:11CV00079 FINAL JUDGMENT By: James P. Jones 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 filed by the Commissioner of Social Security (“Commissioner”) to the magistrate judge’s report and recommendation are DENIED; 2. The magistrate judge’s report and recommendation is ACCEPTED; 3. The motion for summary judgment by the Commissioner is DENIED; 4. The motion for summary judgment by the plaintiff is GRANTED; 5. The final decision of the Commissioner is VACATED, and the case is remanded for an award of benefits; and 6. The clerk is directed to close the case. ENTER: October 11, 2012 /s/ JAMES P. JONES United States District Judge −2−

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