Moore v. Astrue, No. 2:2009cv00549 - Document 27 (E.D. Va. 2010)
Court Description: FINAL ORDER adopting and approving findings and recommendations set forth in 26 Report and Recommendation; denying defendant's 22 Motion for Summary Judgment; denying in part plaintiff's 17 Motion for Summary Judgment seeking disabili ty insurance benefits, but granting the motion to the extent of vacating and remanding the Commissioner's decision; remanding this matter to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. 405(g) for further proceedings consistent with the Report and Recommendation. Signed by District Judge Rebecca Beach Smith and filed on 8/23/10. (mwin, )
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Moore v. Astrue Doc. 27 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division LARRY AUG 2 3 2010 MOORE, Plaintiff, t.; .': ' ' y v. ACTION NO. MICHAEL J. va 2:09cv549 ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. FINAL Plaintiff brought this action Social Security Act, 42 U.S.C. the of final decision Administration disability the ORDER § 405{g), benefits of denying ("DIB"), Section 205(g) of the seeking judicial review of Commissioner ("Commissioner") insurance under the Social plaintiff's under the Security claim Social for Security Act. On March 9, Magistrate 2 010, Judge, 636(b)(1)(B) and this matter was referred to a United States pursuant (C), to the and Rule 72(b) provisions was filed on July 27, 2010, 28 U.S.C. § of the Federal Rules of Civil Procedure for report and recommendation. judge of Report of the magistrate recommending that the Commis sioner's decision be reversed and the case be remanded to allow the administrative law judge to reevaluate whether Moore satisfies the criteria of Listing 12.05{C). By copy of the report, each party was advised of the right to file written objections to the findings and recommendations made by the magistrate judge. The court has Dockets.Justia.com received no objections recommendation, The court Motion magistrate judge's report does adopt and for filing same has expired. hereby set Judge for the and the time recommendations Magistrate to forth filed Summary in July Judgment and the 27, is approve report 2010. of the the findings United Accordingly, DENIED; and States defendant's plaintiff's Motion for Summary Judgment seeking disability insurance benefits is DENIED IN PART, but the motion is GRANTED to the remanding the Commissioner's decision; extent and, of vacating and the matter is REMANDED to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 4 05(g) for further proceedings consistent with Report and Recommendation filed in this matter on July 27, The Clerk shall forward a copy of this for plaintiff Rebecca Beach Smith United States District Judge REBECCA BEACH August Virginia SMITH UNITED Norfolk, 2010. Final Order to counsel and defendant. DISTRICT STATES the JUDGE
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