Hairston v. Astrue

Filing 21

ORDER overruling 18 Objection; adopting 17 Report and Recommendations; granting 13 Motion for Summary Judgment; remanding case to Commissioner for further proceedings pursuant to Sentence Four. Signed by Judge Jackson L. Kiser on 4/26/12. (ham)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
PHILLIP C. HAIRSTON, JR.,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of SSA,
Defendant.

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Case No.: 4:11-cv-00033
ORDER
By: Hon. Jackson L. Kiser
Senior United States District Judge

Before me is the Report and Recommendation (“R & R”) of Hon. B. Waugh Crigler
recommending that I grant Plaintiff’s Motion for Summary Judgment [ECF No. 13] and remand
this case to the Commissioner for further proceedings, pursuant to Sentence Four of 42 U.S.C. §
405(g) (2011). The Commissioner filed a timely objection [see ECF No. 18], and Plaintiff filed
a timely response [ECF No. 19]. See FED. R. CIV. P. 72(b)(2). For the reasons stated in the
accompanying Memorandum Opinion, I will OVERRULE the Commissioner’s objection and
ADOPT Judge Crigler’s R & R. It is hereby ADJUDGED and ORDERED that Plaintiff’s
Motion for Summary Judgment is GRANTED, and that this case shall be REMANDED to the
Commissioner for further proceedings.
The clerk is directed to send certified copies of this Order and the accompanying
Memorandum Opinion to all counsel of record and to Magistrate Judge Crigler.
Entered this 26th day of April, 2012.

s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE