Pelusio v. Commissioner of the Social Security Administration

Filing 28

ORDER adopting 27 Report and Recommendations in its entirety; granting 20 Motion for Summary Judgment; denying 24 Motion for Summary Judgment and remanding case to Commissioner under the fourth sentence of 42 U.S.C. § 405(f). Signed by Judge Thomas T. Cullen on 3/27/2024. (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
KATHLEEN P.,
Plaintiff,
v.
MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.

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Civil Action No. 4:22cv00125
ORDER
By:

Hon. Thomas T. Cullen
United States District Judge

In this social security appeal, the court referred Plaintiff Kathleen P.’s and the
Commissioner’s motions for summary judgment (ECF Nos. 20 & 24) to Magistrate Judge Joel
C. Hoppe for report and recommendation (“R&R”) under 28 U.S.C. § 636(b)(1)(B). Judge
Hoppe entered his R&R on March 11, 2024, recommending that the court deny the
Commissioner’s motion for summary judgment, grant Plaintiff’s motion, and remand this case
to the Commissioner for further proceedings. (ECF No. 27). Under Fed. R. Civ. P. 72(b)(2),
the parties were given 14 days to file objections to the R&R, but none were filed. The court
has reviewed the R&R for clear error. Finding none, it is hereby ORDERED that:
(1) The R&R (ECF No. 27) is ADOPTED in its entirety;
(2) Plaintiff’s motion for summary judgment (ECF No. 20) is GRANTED;
(3) The Commissioner’s motion for summary judgment (ECF No. 24) is DENIED;
and
(4) This case is REMANDED to the Commissioner under the fourth sentence of 42
U.S.C. § 405(g) for further proceedings consistent with the R&R.

The clerk is directed to forward a copy of this Order to the parties.
ENTERED this 27th day of March, 2024.

/s/ Thomas T. Cullen___________________
HON. THOMAS T. CULLEN
UNITED STATES DISTRICT JUDGE

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