Caldwell v. Colvin

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS and Remanding case pursuant to sentence four ; granting in part 14 Motion for Summary Judgment; denying 16 Motion for Summary Judgment. Signed by Chief Judge Michael F. Urbanski on 7/10/17. (sas)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINMRK'S OFFICE u.s. DIST. COURT ROANOKE DIVISION . AT ROANOKE, VA FILED BOBBIE CALDWELL, o/b/o A.C., a minor child, Plaintiff, v. NANCY A. BERRYHILL,t Acting Commissioner of Social Security, Defendant. ) JUL 1_J 2017 ) ) ) Case No. 7:16-cv-135 ) ) ) ) ) By: Michael F. Urbanski ) Chief 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 flled a report and recommendations on June 14, 2017, recommending that the plaintiff's motion for summary judgment be granted in part, the Commissioner's motion for summary judgment be denied, and the case be remanded for further consideration by the Administrative Law Judge ("AIJ"). No objections to the report and recommendation have been flled, and the court is of the opinion that the report and recommendations should be adopted in its entirety. As such, it is hereby ORDERED that: 1. The report and recommendation (ECF No. 22) is ADOPTED in its entirety; 2. Plaintiff's motion for summary judgment (ECF No. 14) is GRANTED in part; 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security and will be substituted for Carolyn W. Colvin as defendant in this case pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. 3. Defendant's motion for summary judgment (ECF No. 16) is DENIED; 4. 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 5. This matter is DISMISSED and STRICKEN from the active docket of the court. The Clerk is directed to send a certified copy of this Order to counsel of record. Entered: 0/-10-J-O\f Michael F. lJ.rlSanski Chief U nit£d States District Judge 2

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