Mathias v. Commissioner of Social Security
||Joshua Shane Mathias
||Commissioner of Social Security
||May 19, 2017
||US District Court for the Northern District of West Virginia
||Michael John Aloi
||Irene M. Keeley
|Nature of Suit:
||Supplemental Security Income
|Cause of Action:
||42 U.S.C. § 405
|Jury Demanded By:
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|July 18, 2018
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 20 ] AND REMANDING CASE TO COMMISSIONER: The Court: 1) ADOPTS the R&R (Dkt. No. 20 ); 2) GRANTS in PART Mathias's Motion for Summary Judgment to the extent it requests remand for further pr oceedings and DENIES as MOOT his additional arguments (Dkt. No. 10 ); 3) DENIES as MOOT Mathias's Motion for Permission to Include Evidence Omitted (Dkt. No. 9 ); 4) GRANTS in PART the Commissioner's Motion for Summary Judgment to the extent it requests remand for further consideration rather than a reversal for benefits (Dkt. No. 17 ); 5) VACATES the decision of the Commissioner under sentence four of 42 U.S.C. § 405(g); and 6) REMANDS this case to the Commissioner for f urther proceedings consistent with this decision and the directives contained in the R&R. The Court further DIRECTS that this case be STRICKEN from the active docket. The Court DIRECTS the Clerk to enter a separate judgment order. Signed by Senior Judge Irene M. Keeley on 7/18/2018. (wrr)
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