Riha v. Commissioner, Social Security Administration

Filing 17

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS; granting in part 11 Plaintiffs Brief / Motion for Summary Judgment ; denying 13 Motion for Summary Judgment. Signed by District Judge Michael F. Urbanski on 8/29/16. (kld)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION REBEL S. RIHA, Plaintiff, v. CAROLYNW. COLVIN, Commissioner of Social Security, Defendants. ) ) ) ) Civil Action No. 5:15cv21 ) ) ) By: Michael F. Urbanski ) United States District Judge ) ) ) ORDER This matter was referred to the HonorableJoel C. Hoppe, 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 flied a report and recommendation on August 5, 2016, recommending this case be remanded to the Commissioner for further consideration. 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. As such, it is hereby ORDERED that: 1. The report and recommendation (ECF No. 16) is ADOPTED in its entirety; 2. Plaintiffs motion for summary judgment (ECF No. 11) is GRANTED in part; 3. Defendant's motion for summary judgment (ECF No. 13) 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 DISMISSED and STRICKEN from the active docket of the court. The Clerk is directed to send a certified copy of this Order to counsel of record. Entered: 0 8)' _ 2-CI _ l•l1"1"'t>4~d f. ~~ ?o/ ~ Urbanski~ Michael F. United States District Judge 2

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