Puffinberger v. Commissioner of Social Security

Filing 20

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS in its entirety ; Order entered Remanding case pursuant to sentence four ; granting 14 Motion for Summary Judgment ; denying 17 Motion for Summary Judgment and striking the case from the active docket. Signed by Senior Judge Norman K. Moon on 9/5/18. (hnw)

09/05/2018

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

JOHN P., JR.,

CASE NO. 3:17-cv-00036
Plaintiff,
v.

ORDER

Acting Commissioner of Social Security,
Defendant.
Before the Court are cross Motions for Summary Judgment (dkts. 14 & 17), and the
Report & Recommendation of U.S. Magistrate Judge Joel C. Hoppe (dkt. 19, “R&R”). Under
Standing Order 2011-17 and 28 U.S.C. § 636(b)(1)(B), I referred this matter to Judge Hoppe for
a recommended disposition. After review of the record, and no objections having been filed to
the R&R within fourteen days of service upon the parties, I will adopt the R&R. Accordingly:
1. The R&R of August 20, 2018, is hereby ADOPTED in its entirety;
2. Plaintiff’s Motion for Summary Judgment is hereby GRANTED;
3. Defendant’s Motion for Summary Judgment is hereby DENIED;
4. The Commissioner’s final decision is hereby REVERSED;
5. The case is hereby REMANDED for further administrative proceedings under the
fourth sentence of 42 U.S.C. 405(g). This case is stricken from the active docket, and the Clerk is
directed to send a copy of this Order to counsel.

Entered this _____ day of September, 2018.
5th