STUBBS v. BERRYHILL

Filing 22

ORDER granting Plaintiff's 13 Motion for Judgment of Reversal, denying Defendant's 14 Motion for Judgment of Affirmance, remanding the case to the Social Security Administration, and adopting the 21 Report and Recommendation in its entirety. The Clerk of Court is directed to close the case. Signed by Judge Timothy J. Kelly on 4/15/20. (lctkj2)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
VALENCIA STUBBS,
Plaintiff,
v.

Civil Action No. 18-1457 (TJK/DAR)

ANDREW SAUL, Commissioner of Social
Security,
Defendant.
ORDER
This matter is before the Court on the Report and Recommendation filed by Magistrate
Judge Deborah A. Robinson on March 23, 2020. See ECF No. 21 (“R&R”). The Report and
Recommendation cautioned the parties that failing to file an objection within 14 days of receipt
could lead to waiver of the right to further review of the issues addressed. R&R at 15. Neither
party objected to the Report and Recommendation, and the deadline to do so has passed. See
LCvR 72.3(b).
Valencia Stubbs brought this action seeking to reverse the final decision of the
Commissioner of Social Security denying her application for Supplemental Security Income
benefits. See ECF Nos. 1, 10, 13, 21. She alleged that the decision of the Administrative Law
Judge (ALJ) was not supported by substantial evidence and was erroneous as a matter of law.
ECF No. 1 ¶ 41; see ECF No. 13. Magistrate Judge Robinson, in a 15-page opinion, determined
that the ALJ “mischaracterized relevant evidence” when formulating Stubbs’ residual functional
capacity by “ignoring ‘the limited fashion [she] engages in some of the activities she described.’”
R&R at 13–14 (quoting Jackson v. Barnhart, 271 F. Supp. 2d 30, 37 (D.D.C. 2002)). For that

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reason, Magistrate Judge Robinson recommended that this Court remand the matter to the Social
Security Administration for further proceedings. Id. at 15.
After independent consideration of the Report and Recommendation, the lack of any
objection, the entire record, and the applicable law, the Court ORDERS that:
1. The Report and Recommendation is hereby ADOPTED in its entirety;
2. Plaintiff’s Motion for Judgment of Reversal, ECF No. 13, is GRANTED;
3. Defendant’s Motion for Judgment of Affirmance, ECF No. 14, is DENIED; and
4. This case is REMANDED to the Social Security Administration for further
proceedings consistent with the Report and Recommendation.
The Clerk of Court is directed to close the case.
SO ORDERED.
/s/ Timothy J. Kelly
TIMOTHY J. KELLY
United States District Judge
Date: April 15, 2020

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