Adams v. Commissioner of Social Security

Filing 21

ORDER sustaining Claimant's Objection; adopting in part and rejecting in part 18 Report and Recommendations; granting in part and denying in part 14 Motion for Summary Judgment; remanding case. Signed by Judge Jackson L. Kiser on 4/1/11. (ham)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION ADRIENNE L. ADAMS, Ex rel. Gene B. Clark, Jr., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) )

4:10CV00033

ORDER

By: Jackson L. Kiser Senior United States District Judge

Before me is the Report and Recommendation of the Magistrate Judge regarding the Commissioner of Social Security's Motion for Summary Judgment and the Claimant's Response. Def.'s Mot. for Summ. J, Jan. 18, 2011, ECF No. 14; Pl.'s Resp. to Def.'s Mot. for Summ. J., Feb. 1, 2011, ECF No. 17. This action is being prosecuted by the Claimant's mother, Adrienne Adams, because the Claimant, Gene Clark, Jr., is a minor. The Claimant's mother timely filed an Objection to the Report and Recommendation. Objection, Mar. 9, 2011, ECF No. 19. For the reasons explained in the accompanying Memorandum Opinion, the Court SUSTAINS the Claimant's Objection, ADOPTS IN PART AND REJECTS IN PART the Magistrate Judge's Report and Recommendation, GRANTS IN PART AND DENIES IN PART the Commissioner's Motion for Summary Judgment, and REMANDS this matter to the Commissioner to consider new medical evidence of the extent of the Claimant's psychological impairments. ENTERED this 1st day of April, 2011. s/Jackson L. Kiser Senior United States District Judge