Brocato v. Astrue

Filing 19

ORDER granting in part 13 Motion for Summary Judgment; denying 15 Motion for Summary Judgment; adopting 18 Report and Recommendations; Remanded pursuant to sentence four. Signed by District Judge Michael F. Urbanski on 3/14/2014. (jat)

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

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Civil Action No.: 5:13cv003

By: Hon. Michael F. Urbanski
United States District Judge

ORDER
This matter was referred to the Honorable Robert S. Ballou, 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 18, 2014,
recommending that the Commissioner’s motion for summary judgment be denied, that the
plaintiff’s motion for summary judgment be granted in part, and that this case be remanded to the
Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. No
objections to the report and recommendation have been filed, and the court is of the opinion that
the report and recommendation should be adopted in its entirety. It is accordingly ORDERED
as follows:
1. The February 18, 2014 report and recommendation (Dkt. # 18) is ADOPTED in
its entirety;
2. Plaintiff’s motion for summary judgment (Dkt. # 13) is GRANTED in part;
3. The Commissioner’s motion for summary judgment (Dkt. # 15) is DENIED;
4. This case is REMANDED to the Commissioner pursuant to sentence four of 42
U.S.C. § 405(g) for further consideration consistent with the report and recommendation; 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.
Entered: March 14, 2014

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