□□ ROANOKE, VA FILED IN THE UNITED STATES DISTRICT COURT AUG ¢ Y 019 FOR THE WESTERN DISTRICT OF VIRGINIA Ju DYPLEY/CLER: ROANOKE DIVISION BY: Z| aK LISA E. CADD, ) /) ) Civil Action No. 7:18CV00269 Plaintiff, ) ) Vv. ) ORDER ) ANDREW SAUL,! Commissioner of Social Security, ) By: Hon. Glen E. Conrad ) Senior United States District Judge Defendant. ) This matter was referred to United States Magistrate Judge Robert S. Ballou pursuant to

(b)(1)(B) for proposed findings of fact, conclusions of law, and a recommended disposition. The magistrate judge submitted a Report and Recommendation on August 5, 2019, in which he recommends that the Commissioner’s motion for summary judgment be denied, that the plaintiff's motion for summary judgment be granted in part, and that this case be remanded to the Commissioner pursuant to sentence four of

(g) for further proceedings. No objections to the Report and Recommendation have been filed, and the court is of the opinion that the Report and Recommendation should be adopted in its entirety. It is accordingly ORDERED as follows: 1. The August 5, 2019 Report and Recommendation (Dkt #24) is ADOPTED in its entirety; 2. The Commissioner’s motion for summary judgment (Dkt #13) is DENIED;

1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also § 205(g) of the Social Security Act,

(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security).

3. Plaintiff's motion for summary judgment (Dkt #19) is GRANTED in part; 4, This case is REMANDED to the Commissioner for further consideration consistent with the Report and Recommendation. Upon remand, should the Commissioner be unable to decide this case in plaintiff's favor on the basis of the

_ existing record, the Commissioner shall conduct a supplemental administrative hearing at which both sides will be allowed to present additional evidence and argument; 5. The parties are advised that the court considers this remand order to be a “sentence four” remand. See Melkonyan v. Sullivan,

(1991); Shalala v. Schaefer,

(1993). Thus, this order of remand is a final order.

If the Commissioner should again deny plaintiff's claims for supplemental security income benefits and disability insurance benefits, and should plaintiff again choose to seek judicial review, it will be necessary for plaintiff to initiate a new civil action within sixty (60) days from the date of the Commissioner’s final decision on remand. See

(g); and 6. This matter is STRICKEN from the active docket of the court. The Clerk is directed to send a certified copy of this order to all counsel of record. ENTER: August 21, 2019.

~ Senior United States District Judge