Sutherland v. Commissioner of Social Security

Filing 19

ORDER denying 12 Plaintiff's Motion for Summary Judgment; denying 12 Plaintiff's Motion to Remand; granting 14 Defendant's Motion for Summary Judgment; rejecting 16 Report and Recommendations. Signed by Judge Jackson L. Kiser on 2/10/2009. (mlh)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION EDDIE E. SUTHERLAND, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) Case No. 4:08CV00006 ORDER By: Jackson L. Kiser Senior United States District Judge

Before me is the Report and Recommendation of United States Magistrate Judge United States Magistrate Judge B. Waugh Crigler, entered on December 19, 2008 recommending that Plaintiff's Motion for Summary Judgment be granted, denying the Commissioner of Social Security's ("Commissioner") motion for summary judgment, reversing the Commissioner's final decision, entering a judgment for the Plaintiff and recommitting the case to the Commissioner solely to calculate and pay proper benefits. I have reviewed the Magistrate Judge's recommendation, the Commissioner's objections, and relevant portions of the record. The matter is now ripe for decision. For the reasons set forth in the accompanying Memorandum Opinion, I REJECT the Magistrate's Report and Recommendation and SUSTAIN the Defendant's Objections. I GRANT the Defendant's Motion for Summary Judgment and this case is DISMISSED from the active docket of this Court. The clerk is directed to send certified copies of this Order to all counsel of record and to Magistrate Judge B. Waugh Crigler. Entered this 10th day of February, 2009. s/Jackson L. Kiser Senior United States District Judge

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