Updike v. Commissioner of Social Security

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATION in its entirety; denying 18 Motion for Summary Judgment by Commissioner of Social Security; and granting in part 13 Plaintiff's Brief / Motion for Summary Judgment. This case is hereby REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further consideration consistent with the adopted Report. Signed by Senior Judge Norman K. Moon on March 5, 2018. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION

AMY MARIE UPDIKE,

3/5/2018

CASE NO. 6:16-cv-00073
Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL SECURITY,
Judge Norman K. Moon
Defendant.
This matter is before the Court on the parties’ Motions for Summary Judgment, and the
Report & Recommendation of United States Magistrate Judge Robert S. Ballou (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 is hereby ADOPTED in its entirety;
2. Defendant’s Motion for Summary Judgment is hereby DENIED; Plaintiff’s motion
for summary judgment is GRANTED in part.
This case is hereby REMANDED to the Commissioner pursuant to sentence four of 42
U.S.C. § 405(g) for further consideration consistent with the adopted Report. The clerk is directed to
close this case and strike it from the active docket of the Court. The Clerk of Court is directed to
send a copy of this Order to counsel of record.

5th
Entered this _____ day of March, 2018.