Gordon v. Commissioner Of Social Security

Filing 28

ORDER ADOPTING 27 REPORT AND RECOMMENDATION in its entirety; granting in part 18 Plaintiff's Motion for Summary Judgment; and denying 22 Defendant's Motion for Summary Judgment. This case is hereby REMANDED to the ALJ for further proceedings consistent with Judge Ballou's Report. Signed by Senior Judge Norman K. Moon on August 16, 2018. (ca)

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

8/16/2018

LYNCHBURG DIVISION
DONALD SCOTT GORDON,
Plaintiff,
v.

CASE NO. 6:17-cv-00038

ORDER

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

JUDGE NORMAN K. MOON

This matter is before the Court on the parties’ cross motions for summary judgment (dkts.
18, 22), and the Report & Recommendation of United States Magistrate Judge Robert S. Ballou
(dkt. 27, 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. The parties filed cross motions for summary judgment, and on August
1, 2018, Judge Ballou filed a Report recommending that Plaintiff’s Motion for Summary
Judgment, (dkt. 18), be granted in part, the Commissioner’s Motion for Summary Judgment,
(dkt. 22), be denied, and the matter remanded for further consideration by the Commissioner.
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 adopt the Report in its entirety.
Accordingly:
1. The Report of August 1, 2018, is hereby ADOPTED in its entirety;
2. Plaintiff’s Motion for Summary Judgment, (dkt. 18), is hereby GRANTED in part;
3. Defendant’s Motion for Summary Judgment, (dkt. 22), is hereby DENIED; and
4. This case is hereby REMANDED to the ALJ for further proceedings consistent with
Judge Ballou’s Report.

The Clerk of the Court is hereby directed to send a copy of this Order to all counsel of
record and to United States Magistrate Judge Robert S. Ballou.
It is so ORDERED.
16th
Entered this _____ day of August, 2018.