Ford v. Acting Commissioner Carolyn Watts Colvin

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying 12 Motion for Summary Judgment ; granting in part and Remanding 13 Motion for Summary Judgment. Signed by District Judge Glen E. Conrad on 8/24/17. (sas) Modified on 8/24/2017 to show "Remanding" (sas).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
SCOTT THOMAS FORD,
Plaintiff,

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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CLERK'S OFFICE U.S. DIST. COURT
AT ROANOKE, VA
FILED

Civil Action No.

ORDER

By:

Hon. Glen E. Conrad
United States District Judge

This matter was referred to United States Magistrate Robert S. Ballou, pursuant to 28
U.S.C. § 636(b)(1)(B) for proposed findings'pffact, conclusions oflaw, and a recommended
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disposition. The Magistrate Judge submitted a Report and Recommendation on August 9, 2017, in
which he recommends that the Commissioner's motion for summary judgment be denied, and that
the plaintiff's motion for summary judgment be granted in part, ~d remanded for further
administrative consideration consistent therewith. No objections to the Report and Recommendation
having been filed, the court is of the opinion that the Report and Recommendation should be adopted

in its entirety.
It is accordingly

ORDERED
as follows:
1.

The August 9, 2017 Report and Recommendation (Dkt. #21) is ADOPTED in its
entirety;

2.

The plaintiff's motion for summary judgment (Dkt. #13) is GRANTED IN PART,
and REMANDED for further administrative consideration consistent therewith;

3.

The Commissioner's motion for summary judgment (Dkt. #12) is DENIED;

4.

This remand is ordered pursuant to the fourth sentence of 42 U.S.C. § 405(g). The
parties are advised that the court considers this remand order to be a "sentence
four" remand .. See Melkonyan v. Sullivan, 501 U.S. 89, 111 S. Ct. 2157 (1991);
Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct.2625 (1993). Thus, this order of
remand is a final order. Id. If the Commissioner should again deny plaintiffs
claim for benefits, and should plaintiff again choose to seek judicial review, it will
be necessary for plaintiff to initiate a new civil action within sixty (60) days from
the date of the Commissioner's final decision on remand. See 42 U.S.C. § 405(g);
and

5.

· 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.
ENTER this

~tj.~day of August, 2017.

United States District Judge

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