Edwards v. Astrue

Filing 26

ORDER sustaining Plaintiff's Objection; adopting in part and rejecting in part 22 Report and Recommendations; granting 14 Plaintiff's Motion for Summary Judgment; denying 19 Commissioner's Motion for Summary Judgment; remanding case to Commissioner for further review; dismissing case from the active docket. Signed by Judge Jackson L. Kiser on 12/6/12. (ham)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
KENNETH R. EDWARDS,
Plaintiff,
v.
COMMISSIONER MICHAEL J.
ASTRUE,
of the Social Security Administration,
Defendant.

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Case No.:4:12-cv-00005
ORDER
By: Hon. Jackson L. Kiser
Senior United States District Judge

Before me are cross-motions for summary judgment filed by Plaintiff, Kenneth R.
Edwards (“Plaintiff”) and Defendant, the Commissioner of Social Security (“Commissioner”).
The motions have been evaluated by Magistrate Judge B. Waugh Crigler, who filed a Report and
Recommendation (“R & R”) on October 22, 2012, recommending that I grant the
Commissioner’s Motion and dismiss the case. [ECF No. 22.] Plaintiff filed a timely objection
on November 1, 2012, [ECF No. 23], and the Commissioner responded [ECF No. 24]. After
careful review and consideration, and for the reasons outlined in the Memorandum Opinion filed
herewith, I will SUSTAIN the Plaintiff’s objection, ADOPT IN PART AND REJECT IN
PART the R & R, GRANT Plaintiff’s Motion for Summary Judgment, DENY the
Commissioner’s Motion for Summary Judgment, REMAND this case to the Commissioner for
further review, and DISMISS this case from the active docket of this Court.
The clerk is directed to send a copy of this Memorandum Opinion and the accompanying
Order to all counsel of record and to Magistrate Judge Crigler.
Entered this 6th day of December, 2012.
s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE