Martian v. Berryhill

Filing 22

ORDERED that plaintiff's Motion for Summary Judgment [Dkt. No. 14] is GRANTED IN PART and DENIED IN PART, defendant's Motion for Summary Judgment [Dkt. No. 15] is DENIED, and it is hereby ORDERED that plaintiff's application is REMANDED to the defendant for further administrative proceedings in accordance with the legal standards set forth in the Report and this Order. Signed by District Judge Leonie M. Brinkema on 9/24/2018. (dest, )(copy mailed as directed in the Order)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

VERONICA L. MARTIAN,
Plaintiff,

l:18-cv-00012(LMB/MSN)
NANCY A. BERRYHILL,

Acting Commissioner,
Social Security Administration,
Defendant.
ORDER

Before the Court is a Report and Recommendation ("Report") issued by a magistrate
judge on August 30,2018 [Dkt. No. 21], which recommends granting Veronica L. Martian's
("Martian" or "plaintiff') Motion for Summary Judgment [Dkt. No. 14] in part, denying Nancy

A. Berryhill's("Berryhill" or "defendant") Motion for Summary Judgment [Dkt. No. 15] and

remanding this civil action for further administrative proceedings. S^ Report at 22. The parties
were advised that any objections to the Report had to be filed within 14 days and that failure to
file a timely objection waived the right to appeal the substance of the Report and any judgment
based upon the Report. As of September 24, 2018, no party has filed an objection. The Court

has reviewed the Report, the parties' cross motions for summary judgment,and the case file and
adopts the Report in full.

In this civil action brought under 42 U.S.C. § 405(g), plaintiff, acting pro se. seeks

judicial review of defendant's final decision denying plaintiffs application for decedent's lump
sum death benefits under the Social Security Act. Id at 1. Plaintiff alleges that, as the widow of a

deceased worker, she is entitled to receive lump sum death benefits. Id at 1-2. Plaintiff alleges