S. v. Kijakazi, No. 3:2022cv00461 - Document 20 (E.D. Va. 2023)

Court Description: FINAL ORDER - That the Court: ADOPTS the findings and recommendations as set forth in the R&R 19 ; GRANTS Plaintiff's Motion for Summary Judgment 14 ; DENIES Defendant's Motion for Summary Judgment 16 ; 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 8/10/2023. (jenjones, )

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S. v. Kijakazi Doc. 20 Case 3:22-cv-00461-MHL-MRC Document 20 Filed 08/10/23 Page 1 of 1 PageID# 142 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division TESS S. Plaintiff, Civil Case No. 3:22cv461 V. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. FINAL ORDER This matter comes before the Court on the July 20, 2023 Report and Recommendation (the “R&R”) issued by the Honorable Mark R. Colombell, United States Magistrate Judge. (ECF No. 19.) The R&R recommends vacating and remanding to the Commissioner because the Administrative Law Judge failed to consider whether Plaintiffs migraine headaches met or equaled listing 11.02. No objections to the R&R have been filed and the time to do so has expired. Finding no en’or, the Court; (1) ADOPTS the findings and recommendations as set forth in the R&R, (ECF No. 19); (2) GRANTS Plaintiffs Motion for Summary Judgment, (ECF No. 14); (3) DENIES Defendant’s Motion for Summaiy Judgment, (ECF No. 16); (4) VACATES and REMANDS the final decision of the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g); and, (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. ;/ Date: \0-" Richmond, Virginia 1 M. Hannah LJ(^^ United States Disti Dockets.Justia.com

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