Shade v. Kijakazi, No. 3:2020cv00047 - Document 28 (E.D. Va. 2021)

Court Description: FINAL ORDER This matter comes before the Court on the August 9, 2021 Report and Recommendation(the R&R) issued by the Honorable Mark R. Colombell, United States Magistrate Judge. (ECF No. 27 ) No objections to the R&R have been filed and the time t o do so has expired. Finding no error, the Court: ADOPTS the findings and recommendations as set forth in the R&R, (ECF GRANTS Plaintiffs Motion for Summary Judgment, (ECF No. 21 ); DENIES Defendants Motion for Summary Judgment, (ECF No. 23 ); VACATES and REMANDS the final decision of the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g); and, DIRECTS the Clerk to CLOSE this case. Signed by District Judge M. Hannah Lauck on 8/24/2021. (asho, )

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Shade v. Kijakazi Doc. 28 Case 3:20-cv-00047-MHL Document 28 Filed 08/24/21 Page 1 of 2 PageID# 149 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RYAN G. S., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 3:20cv47 (MHL) FINAL ORDER This matter comes before the Court on the August 9, 2021 Report and Recommendation (the “R&R”) issued by the Honorable Mark R. Colombell, United States Magistrate Judge. (ECF No. 27.) The R&R recommends vacating and remanding to the Commissioner because the Administrative Law Judge did not properly articulate their evaluation of Dr. Ramy Eid’s opinion nor articulate the persuasiveness of Nurse Practitioner Renee G. Hammel’s opinion. No objections to the R&R have been filed and the time to do so has expired. Finding no error, the Court: (1) ADOPTS the findings and recommendations as set forth in the R&R, (ECF No. 27); (2) GRANTS Plaintiff’s Motion for Summary Judgment, (ECF No. 21); (3) DENIES Defendant’s Motion for Summary Judgment, (ECF No. 23); (4) VACATES and REMANDS the final decision of the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g); and, Dockets.Justia.com Case 3:20-cv-00047-MHL Document 28 Filed 08/24/21 Page 2 of 2 PageID# 150 (5) DIRECTS the Clerk to CLOSE this case. Let the Clerk of the Court send a copy of this Order to all counsel of record. It is SO ORDERED. //ss/ /s/ M.. Hannah M Haan nna nah L La Lauck auucck United Un U niitted ed S States tates D Di District istri riict Judge Richmond, Virginia Date: August 24, 2021

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