Kern v. Commissioner of Social Security

Filing 17

Order entered DENYING 13 MOTION for Summary Judgment filed by Commissioner of Social Security; ACCEPTING AND APPROVING 16 REPORT AND RECOMMENDATIONS; DENYING 11 MOTION for Summary Judgment filed by Mack L. Kern; the final decision of the Commissioner is VACATED and REMANDED pursuant to sentence four; clerk is directed to close the case. Signed by Judge James P. Jones on 12/5/2011. (flc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
BIG STONE GAP DIVISION

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MACK L. KERN,
Plaintiff,
v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

Case No. 2:10CV00079
JUDGMENT
By: James P. Jones
United States District Judge

It appearing that no objections have been timely filed to the Report filed
November 14, 2011, setting forth the findings and recommendations of the
magistrate judge, 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.

This case is closed.

ENTER: December 5, 2011
/s/ James P. Jones
United States District Judge

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