Neville v. Commissioner Of Social Security

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION; granting in part as set forth in the Report 12 Motion for Summary Judgment, Motion to Remand by Abriel L. Neville; denying 14 Motion for Summary Judgment by Commissioner of Social Security; and adopting in its entirety 16 Report and Recommendation. This case is hereby REMANDED for further consideration by the ALJ consistent with the Report, and stricken from the active docket of the Court. Signed by Judge Norman K. Moon on September 6, 2017. (ca)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA LYNCHBURG DIVISION ABRIEL L. NEVILLE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) 9/6/2017 CASE NO. 6:16-CV-00006 ORDER By: Norman K. Moon United States District Judge This matter is before the Court on the parties’ cross Motions for Summary Judgment (docket nos. 12 & 14), and the Report & Recommendation of United States Magistrate Judge Robert S. Ballou (docket no. 16, hereinafter “Report”). Pursuant to Standing Order 2011-17 and 28 U.S.C. § 636(b)(1)(B), I referred this matter to Judge Ballou for proposed findings of fact and a recommended disposition. After a review of the record in this case, and no objections having been filed to the Report within fourteen days of its service upon the parties, I will adopt the Report. Accordingly: 1. The Report of August 22, 2017, is hereby ADOPTED in its entirety; 2. Plaintiff’s Motion for Summary Judgment is hereby GRANTED in part as set forth in the Report; 3. Defendant’s Motion for Summary Judgment is hereby DENIED; This case is hereby REMANDED for further consideration by the ALJ consistent with the Report, and stricken from the active docket of the Court. The Clerk is directed to send a copy of this Order to counsel. 6th Entered this ______ day of September, 2017.

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