Akers v. Astrue

Filing 36

ORDER granting in part 16 Motion for Summary Judgment; denying 26 Commissioner's Motion for Summary Judgment and adopting in its entirety 35 Report and Recommendations, and case is remanded to the Commissioner pursuant to sentence four, and this matter is stricken from the active docket of the court. Signed by District Judge Michael F. Urbanski on 12/15/14. (eot)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
TAMMY W. AKERS,

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Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

Civil Action No.: 7:12cv294

By: Hon. Michael F. Urbanski
United States District Judge

ORDER
This matter was referred to the Honorable Robert S. Ballou, United States Magistrate Judge,
pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended disposition.
The Magistrate Judge filed a report and recommendation on November 19, 2014, recommending that
the Commissioner’s motion for summary judgment be denied, that the plaintiff’s motion for summary
judgment be granted in part, and that this case be remanded to the Commissioner for further
proceedings. No objections to the report and recommendation have been filed, and the court is of the
opinion that the report and recommendation should be adopted in its entirety. It is accordingly
ORDERED and ADJUDGED that the plaintiff’s motion for summary judgment (Dkt. No. 16) is
GRANTED in part, that the Commissioner’s motion for summary judgment (Dkt. No. 26) is
DENIED, that the report and recommendation (Dkt. No. 35) is ADOPTED in its entirety, that the
this case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for
further consideration consistent with the report and recommendation, and that this matter is
STRICKEN from the active docket of the court.
The Clerk is directed to send a certified copy of this Order to all counsel of record.
Entered: December 15, 2014

Michael F. Urbanski
Michael F. Urbanski
United States District Judge