Rothgeb v. Astrue

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 10 Motion for Summary Judgment; denying 14 Motion for Summary Judgment; adopting 19 Report and Recommendations. Signed by District Judge Michael F. Urbanski on 7/19/13. (kld)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
ANTHONY L. ROTHGEB,

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Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

Civil Action No.: 5:12cv026

By: Michael F. Urbanski
United States District Judge

ORDER
This matter was referred to the Honorable B. Waugh Crigler, United States Magistrate
Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended
disposition. The magistrate judge filed a report and recommendation on February 14, 2013,
recommending that plaintiff’s motion for summary judgment be granted and that this matter be
remanded to the Commissioner for further consideration. The Commissioner has filed objections
to the report and recommendation.
The court has reviewed the magistrate judge’s report, the objections to the report, and the
entirety of the administrative record and, in so doing, made a de novo determination of those
portions of the report to which the plaintiff objected. The court finds that the magistrate judge
was correct in concluding that evidence from Richard Whitehill, M.D. submitted to the Appeals
Council is new, material and relates to the relevant period. Accordingly, the court accepts the
magistrate judge’s recommendation that remand is necessary to reassess plaintiff’s residual
functional capacity in light of this new evidence.
It is therefore ORDERED and ADJUDGED that:

1. The Commissioner’s motion for summary judgment (Dkt. # 14) is DENIED;
2. Plaintiff’s motion for summary judgment (Dkt. # 10) is GRANTED;
3. The report and recommendation (Dkt. # 19) is ADOPTED in its entirety;
4. This matter is REMANDED to the Commissioner for further consideration
consistent herewith, pursuant to sentence four of 42 U.S.C. § 405(g); and
5. This matter is STRICKEN from the active docket of the court.
The Clerk is directed to send a certified copy of this Order to all counsel of record.
IT IS SO ORDERED.
Entered: July 19, 2013

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

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