-DEM Sherrill v. Astrue, No. 2:2011cv00146 - Document 16 (E.D. Va. 2011)

Court Description: FINAL ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS- the Court hereby ADOPTS the findings and recommendations set forth in the report of the United States Magistrate Judge filed on November 14, 2011. The decision of the Commissioner is VACATED and t he case is REMANDED to allow the administrative law judge to reevaluate the weight attributed to the physicians' opinions and to substantiate his analysis of plaintiff's credibility with respect to her migraine headaches. Signed by District Judge Mark S. Davis on 12/12/11 and filed 12/13/11. Copies distributed to all parties 12/13/11.(ldab, )

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-DEM Sherrill v. Astrue Doc. 16 Rl ED „ UNITED FOR THE STATES EASTERN DISTRICT DISTRICT OF VIRGIN (., PEC 1 3 2011 Norfolk Division BARBARA ANN ( COURT - SHERRILL, .'; Plaintiff, ACTION NO. v. MICHAEL Social J. ASTRUE, 2:llcvl46 COMMISSIONER, Security Administration. Defendant. FIMAL Plaintiff and 405(g) brought seeking Commissioner of this action under judicial the ORDER Social review 42 of Security U.S.C. the §§ 1383(c)(3) decision of Administration the denying plaintiff's claim for disability insurance benefits under Title II and Title XVI of the Social Security Act. This matter was referred to a United States Magistrate Judge, pursuant to the provisions of 28 U.S.C. Rule 72 (b) § 636(b)(l)(B) of the Federal Rules of Civil Procedure, and (C) and as well as Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia, for a report and recommendation. and Recommendation of 14, 2011, the Magistrate Judge was The Report filed on November recommending that the final decision of the Commissioner be vacated and remanded to allow the administrative law judge to reevaluate the weight pursuant to Part IV, attributed to the physicians' opinions Section B of the Magistrate Judge's Report and Dockets.Justia.com Recommendation and to substantiate his analysis of credibility with respect to her migraine headaches. Recommendation also provided that, Law Judge should non-exertional expert if necessary, evaluate whether plaintiff's limitation concerning the requiring impact of The Report and the Administrative headache pain testimony this plaintiff's from condition a on is a vocational available employment. 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 received no objections to the Magistrate Judge's Report and Recommendation Following a de novo review of and Recommendation, recommendations set the Court forth in the Magistrate Judge's Report hereby the ADOPTS report of Magistrate Judge filed on November 14, 2011. Commissioner is is VACATED and the case the the findings United and States The decision of the REMANDED to allow the administrative law judge to reevaluate the weight attributed to the physicians' opinions and to substantiate his analysis of plaintiff's credibility with respect to her migraine headaches. Plaintiff is ADVISED that she may appeal from this Final Order by forwarding a written notice of appeal to the Clerk of the United States District Court, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510. Said written notice must be received by the Clerk within sixty (60) days from the date of this Final Order. The Clerk shall of record for forward a copy of this Final Order to counsel the parties. lei Mark S. United Norfolk, Virginia December \3l , 2 011 Davis States District Judge

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