Burke v. Berryhill

Filing 19

ORDER that the final decision of the Acting Commissioner of Social Security is VACATED and this action is REMANDED pursuant to sentence four; ACCEPTING AND APPROVING 15 REPORT AND RECOMMENDATIONS; DENYING 8 MOTION for Summary Judgment filed by Daniel M Burke; DENYING 12 MOTION for Summary Judgment filed by Nancy A. Berryhill; Clerk is directed to close the case. Signed by Judge James P. Jones on 4/30/19. (flc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
BIG STONE GAP DIVISION
DANIEL M. BURKE,
Plaintiff,
v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER
OF SOCIAL SECURITY,
Defendant.

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Case No. 2:17CV00026
ORDER
By: James P. Jones
United States District Judge

It appearing that no objections have been timely filed to the Report filed
March 20, 2019, 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 Acting Commissioner of Social Security is

VACATED and this action is REMANDED to the Acting 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 30, 2019
/s/ James P. Jones
United States District Judge