Opinion
Civil Action 5:21-cv-00068
03-24-2023
LISA T., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER
HON. THOMAS T. CULLEN, UNITED STATES DISTRICT
In this social security appeal, the court referred the parties' cross motions for summary judgment (ECF Nos. 15, 16) to Magistrate Judge Joel C. Hoppe for a report and recommendation (“R&R”) under 28 U.S.C. § 636(b)(1)(B). Judge Hoppe entered his R&R on March 9, 2023, recommending that the court grant Plaintiff Lisa T.'s motion for summary judgment, deny the Commissioner's motion for summary judgment, and remand this case to the Commissioner for further proceedings. (ECF No. 18.) Under Fed.R.Civ.P. 72(b)(2), the parties were given 14 days to file objections to the R&R, but none were filed. The court has reviewed the R&R for clear error. Finding none, it is hereby ORDERED that:
(1) The R&R (ECF No. 18) is ADOPTED in its entirety;
(2) Plaintiff Lisa T.'s motion for summary judgment (ECF No. 15) is GRANTED;
(3) The Commissioner's motion for summary judgment (ECF No. 16) is DENIED; and
(4) This case is REMANDED to the Commissioner under the fourth sentence of 42 U.S.C. § 405(g) for further proceedings consistent with the R&R.
Based on the procedures outlined in this district's Local Rules, the court construes Plaintiff's brief as a motion for summary judgment. See W.D. Va. R. 4(c).
The clerk is directed to forward a copy of this Order to the parties.