Burchett v. Colvin

Filing 20

MEMORANDUM OPINION. Signed by Magistrate Judge John F. Anderson on 10/13/2015. (dvanm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division TIMOTHY LEE BURCHETT, Plaintiff, Civil Action No. 1:15cv0411 (JFA) CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant. MEMORANDUM OPINION This matter is before the court on cross-motions for summary judgment. Plaintiff seeks judicial review of the final decision of Carolyn W. Colvin, Acting Commissioner of the Social Security Administration ("Commissioner"), denying plaintiffs claim for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act. See 42 U.S.C. ยงยง 423, 1382. The Commissioner's final decision is based on a finding by the Administrative Law Judge ("ALJ") and Appeals Council for the Office of Disability Adjudication and Review ("Appeals Council") that claimant was not disabled as defined by the Social Security Act and applicable regulations.1 On July 13, 2015, plaintiff filed a motion for summary judgment (Docket no. 12) and memorandum in support (Docket no. 13). Thereafter, defendant submitted a cross-motion for summaryjudgment (Docket no. 14), memorandum in support (Docket no. 15), and memorandum The Administrative Record ("AR") in this case has been filed under seal, pursuant to Local Civil Rules 5 and 7(C). (Docket no. 8). In accordance with those rules, this opinion excludes any personal identifiers such as plaintiffs social security number and date of birth (except for the year of birth), and the discussion of plaintiffs medical information is limited to the extent necessary to analyze the case.

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