Long v. Berryhill, 7:16CV00592. (2018)
Court: District Court, W.D. Virginia
Number: infdco20180306g85
Visitors: 8
Filed: Mar. 05, 2018
Latest Update: Mar. 05, 2018
Summary: ORDER GLEN E. CONRAD , Senior 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 of fact, conclusions of law, and a recommended disposition. The Magistrate Judge submitted a Report and Recommendation on February 13,2018, in which he recommends that the Commissioner's motion for summary judgment be denied, that the plaintiffs motion for summary judgment be granted, and that the case be remanded f
Summary: ORDER GLEN E. CONRAD , Senior 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 of fact, conclusions of law, and a recommended disposition. The Magistrate Judge submitted a Report and Recommendation on February 13,2018, in which he recommends that the Commissioner's motion for summary judgment be denied, that the plaintiffs motion for summary judgment be granted, and that the case be remanded fo..
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ORDER
GLEN E. CONRAD, Senior 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 of fact, conclusions of law, and a recommended disposition. The Magistrate Judge submitted a Report and Recommendation on February 13,2018, in which he recommends that the Commissioner's motion for summary judgment be denied, that the plaintiffs motion for summary judgment be granted, and that the case be 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 February 13,2018 Report and Recommendation (Dkt. # 19) is ADOPTED in its entirety;
2. The Commissioner's motion for summary judgment (Dkt. #11) is DENIED;
3. The plaintiffs motion for summary judgment (Dkt. #15) is GRANTED and this case is REMANDED for further administrative consideration consistent therewith;
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 Melkonvan 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.
Source: Leagle
