Lester v. Astrue

Lester v. Astrue

Plaintiff:	Donald Dee Lester, Jr.
Defendant:	Michael J. Astrue
Case Number:	5:2010cv00380
Filed:	March 25, 2010
Court:	US District Court for the Southern District of West Virginia
Office:	Beckley Office
Presiding Judge:	Irene C. Berger
Presiding Judge:	R. Clarke VanDervort
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (DIWC)
Jury Demanded By:	None

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Date Filed	Document Text
September 13, 2011	Filing 20 MEMORANDUM OPINION AND ORDER: Based on the foregoing, the Court does hereby ORDER that the Magistrate Judge's 18 Proposed Findings and Recommendation be ADOPTED. The Court further ORDERS that Plaintiff's 12 MOTION for Judgment on the Pleadings be GRANTED, that Defendant's 15 MOTION for Judgment on the Pleadings be DENIED and that the ALJ's final decision be VACATED, and that this matter be REMANDED for further proceedings consistent with this memorandum opinion pursuant to the fourth sentence of 42 U.S.C. Section 405(g). Lastly, the Court ORDERS that this matter be DISMISSED from the Court's docket. Signed by Judge Irene C. Berger on 9/13/2011. (cc: attys; any unrepresented party) (mls)

Date Filed

Document Text

September 13, 2011

Filing 20 MEMORANDUM OPINION AND ORDER: Based on the foregoing, the Court does hereby ORDER that the Magistrate Judge's 18 Proposed Findings and Recommendation be ADOPTED. The Court further ORDERS that Plaintiff's 12 MOTION for Judgment on the Pleadings be GRANTED, that Defendant's 15 MOTION for Judgment on the Pleadings be DENIED and that the ALJ's final decision be VACATED, and that this matter be REMANDED for further proceedings consistent with this memorandum opinion pursuant to the fourth sentence of 42 U.S.C. Section 405(g). Lastly, the Court ORDERS that this matter be DISMISSED from the Court's docket. Signed by Judge Irene C. Berger on 9/13/2011. (cc: attys; any unrepresented party) (mls)

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Defendant: Michael J. Astrue
Represented By:	Michael McGaughran
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Plaintiff: Donald Dee Lester, Jr.
Represented By:	Michael G. Miskowiec
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