Barr v. Commissioner Of Social Security Administration

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that Magistrate Judge Aloi's 16 Report and Recommendation is ADOPTED; Plaintiff's 11 Motion for Summary Judgment is GRANTED; Defendant's 13 Motion for Summary Judgment is DENIED, and the decision of the Commissioner is VACATED and this case is REMANDED for further proceedings consistent with the magistrate judge's Report and Recommendation. This matter is hereby ORDERED STRICKEN from the active docket of this Court. Signed by District Judge John Preston Bailey on 6/28/17. (cnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
ELKINS
KRISTINA MARIE BARR,
Plaintiff,
v.

Civil Action No. 2:16-CV-42
(Judge Bailey)

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the
Report and Recommendation of United States Magistrate Judge Michael John Aloi [Doc.
16] dated June 13, 2017, to which neither party filed objections. Pursuant to 28 U.S.C.
§ 636(b)(1)(C), this Court is required to make a de novo review of those portions of the
magistrate judge’s findings to which objection is made. However, failure to file objections
to the magistrate judge’s proposed findings and recommendation permits the District Court
to review the recommendation under the standards that the District Court believes are
appropriate, and under these circumstances, the parties’ right to de novo review is waived.
See Webb v. Califano, 468 F.Supp. 825 (E.D. Cal. 1979). Service was accepted on the
date the R&R was filed, June 13, 2017.

To date, no objections have been filed;

accordingly, this Court will review the R&R for clear error.
Upon review of the above, it is the opinion of this Court that the Report and
Recommendation [Doc. 16] should be, and is, hereby ORDERED ADOPTED for the
reasons more fully stated therein. Accordingly, the Commissioner’s decision denying the

plaintiff’s application for Disability Insurance Benefits and Supplemental Security Income
is not supported by substantial evidence. As such, the Plaintiff’s Motion for Summary
Judgment [Doc. 11] is GRANTED, the Defendant’s Motion for Summary Judgment [Doc.
13] is DENIED, and the decision of the Commissioner is VACATED and this case is
REMANDED for further proceedings consistent with the magistrate judge’s Report and
Recommendation. As a final matter, this matter is hereby ORDERED STRICKEN from the
active docket of this Court.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record.
DATED: June 28, 2017.