Zimmerman v. Astrue

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION ; denying 10 Motion for Summary Judgment; granting 20 Motion for Summary Judgment. Signed by Judge Norman K. Moon on August 21, 2014. (sfc) (Main Document 24 replaced on 8/21/2014) (sfc).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION
TIMOTHY L. ZIMMERMAN,

CIVIL ACTION NO. 6:13-CV-00017
Plaintiff,

v.
CAROLYN COLVIN, COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

ORDER
JUDGE NORMAN K. MOON

On July 29, 2014, Magistrate Judge Robert S. Ballou issued his Report &
Recommendation (hereinafter “Report”) in this matter, recommending that I grant Plaintiff’s
Motion for Summary Judgment (docket no. 10) and deny the Commissioner’s Motion for
Summary Judgment (docket no. 20). My Order issued August 21, 2014 erroneously labelled the
Report as recommending the opposite conclusion. Accordingly, my previous Order is vacated,
and I now order as follows:
1. The Report of July 29, 2014, is hereby ADOPTED in its entirety;
2. Plaintiff’s Motion for Summary Judgment (docket no. 10) is hereby GRANTED;
3. Defendant’s Motion for Summary Judgment (docket no. 20) is hereby DENIED;
4. This matter is hereby reversed and remanded for further administrative
consideration consistent with the Report.
The Clerk of the Court is hereby directed to send a certified copy of this Order to all
counsel of record and to United States Magistrate Judge Robert S. Ballou.
It is so ORDERED.
Entered this 21st day of August, 2014.

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