Worrell v. Berryhill

Filing 29

ORDER ADOPTING 28 REPORT AND RECOMMENDATION in its entirety; granting in part 20 Plaintiff's Motion for Summary Judgment; and denying 22 Defendant's Motion for Summary Judgment. This case is hereby REMANDED for additional administrative consideration under sentence four of 42 U.S.C. § 405(g), and is STRICKEN from the Court's active docket. Signed by Senior Judge Norman K. Moon on August 13, 2018. (ca)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA LYNCHBURG DIVISION 8/13/2018 AMBER L. WORRELL, CASE NO. 6:17-cv-00027 Plaintiff, v. ORDER NANCY A. BERRYHILL, Acting Commissioner of Social Security, JUDGE NORMAN K. MOON Defendant. This matter is before the Court on the parties’ cross-motions for summary judgment (dkts. 20, 22) and the Report & Recommendation of United States Magistrate Judge Robert S. Ballou (dkt. 28, 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, (dkt. 28); 2. Plaintiff’s motion for summary judgment is GRANTED in part, (dkt. 20); 3. Defendant’s motion for summary judgment is DENIED, (dkt. 22). This case is hereby REMANDED for additional administrative consideration under sentence four of 42 U.S.C. § 405(g), and is STRICKEN from the Court’s active docket. The Clerk of Court is directed to send a copy of this Order to counsel of record. 13th Entered this _____ day of August, 2018. 1

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