Yates v. Commissioner of Social Security

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS ; granting 15 Motion for Summary Judgment ; granting 15 Motion to Remand; denying 18 Motion for Summary Judgment ; the final decision of the Commissioner is reversed, and this matter is remanded to the Commissioner for further administrative proceedings consistent with the Report and Recommendations. The clerk is directed to remove this case from the active docket of the court. Signed by Senior Judge Jackson L. Kiser on 3/9/2018. (mlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
MARY ELLEN YATES,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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MAR 9 2018

Case No. 4:16-cv-00059
ORDER
By: Hon. Jackson L. Kiser
Senior United States District Judge

Before me is the Report and Recommendation (“R&R”) of the United States Magistrate
Judge recommending that I grant Plaintiff’s Motion for Summary Judgment, deny the
Commissioner’s Motion for Summary Judgment, reverse the Commissioner’s final decision, and
remand this case for further administrative proceedings. The R&R was filed on February 16,
2018, and the parties had fourteen (14) days to file objections. No objections were filed.
Accordingly, it is ORDERED and ADJUDGED that the R&R [ECF No. 20] shall be, and
hereby is, ADOPTED in its entirety. The Commissioner’s Motion for Summary Judgment [ECF
No. 18] is DENIED, Plaintiff’s Motion for Summary Judgment/Motion to Remand [ECF No.
15] is GRANTED, the final decision of the Commissioner is REVERSED, and this matter is
REMANDED to the Commissioner for further administrative proceedings consistent with the
R&R. The clerk is directed to remove this case from the active docket of the court.
The clerk is directed to send a copy of this Order to all counsel of record and to
Magistrate Judge Hoppe.
Entered this 9th day of March, 2018.
s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE