Tanner v. Astrue

Filing 26

ORDER ADOPTING IN PART REPORT AND RECOMMENDATIONS ; granting 13 Motion for Summary Judgment; denying 17 Motion for Summary Judgment; granting 22 Motion to Remand. Signed by District Judge Michael F. Urbanski on 3/29/12. (kld)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
ORVAL DEWEY TANNER,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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)
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) Civil Action No. 5:10cv084
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)
) By: Michael F. Urbanski
)
United States District Judge
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)
ORDER

For the reasons stated in the accompanying Memorandum Opinion, the Report and
Recommendation entered January 6, 2012 (Dkt. # 24) is ADOPTED in part and DENIED in
part, the Commissioner’s Motion for Summary Judgment (Dkt. # 17) is DENIED, plaintiff’s
Motion for Summary Judgment and request for remand (Dkt. # 13 & 22) are GRANTED, and
the Commissioner’s decision is hereby REVERSED and REMANDED for further
administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
The Clerk is directed to send certified copies of this Order to all counsel of record.
It is SO ORDERED.
Entered: March 29, 2012

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge