Phillips v. Colvin

Filing 19

ORDER adopting and approving the findings and recommendations set for in the 16 Report and Recommendation of the U.S. Magistrate Judge filed October 30, 2013, as outlined. Accordingly, the decision of the Commissioner is AFFIRMED; the Defendant& #039;s Motion for Summary Judgment 11 is GRANTED; the Plaintiff's 8 Motion for Summary Judgment is DENIED; and the Plaintiff's 9 Motion to Remand is DENIED. The clerk shall enter judgment for the Defendant. Copies provided as directed on 12/12/13. Entered and filed 12/11/13. (Signed by Chief District Judge Rebecca Beach Smith on 12/11/13). (ecav, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
Norfolk Division

JERRY ALLEN PHILLIPS,

Plaintiff,
ACTION NO.

v.

CAROLYN W.

2:13cv59

COLVIN,

Acting Commissioner of the Social
Security Administration,
Defendant.

ORDER

Plaintiff brought

this

action under

42

U.S.C.

§ 405(g),

seeking judicial review of the decision of the Commissioner of
the Social Security Administration ("Commissioner") denying the
Plaintiff's

claim

for

disability

insurance

benefits

and

supplemental security income under the Social Security Act.
On April

17,

2013,

this

matter

States Magistrate Judge Lawrence R.

was

referred to United

Leonard,

pursuant to the

provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Federal Rule
of Civil Procedure 72(b). The Plaintiff filed a Motion to Remand

and a Motion

for

Summary

Judgment

on May 2,

2013,

and the

Defendant filed a Motion for Summary Judgment on June 3,

The Report
The

and Recommendation was

Magistrate

decision

be

Judge

affirmed,

recommended
the

2013.

filed on October 30, 2013.
that

Defendant's

the
Motion

Commissioner's
for

Summary

Judgment be granted, and both the Plaintiff's Motion to Remand
and the Plaintiff's Motion for Summary Judgment be denied.

By

copy of the Report and Recommendation, the parties were advised
of their right to file written objections to the findings and
recommendations made by the Magistrate Judge.

The Plaintiff's

Objections to the Magistrate Judge's Report and Recommendation
were filed on November 7, 2013, and the Defendant's Response to

the Objections was filed on November 20, 2013.
The court,

having examined the Objections and Response to

the Objections to the Report and Recommendation and having made
de novo findings with respect thereto, does hereby adopt and

approve the findings and recommendations set forth in the Report
and Recommendation of the United States Magistrate Judge filed
October 30, 2013. Accordingly, the decision of the Commissioner
is AFFIRMED;

the Defendant's Motion for Summary Judgment

is

GRANTED; the Plaintiff s Motion for Summary Judgment is DENIED;
and the Plaintiff's Motion to Remand is DENIED.

The

Clerk

shall

enter

judgment

for

the

Defendant,

and

forward a copy of this Order to counsel for the parties.
IT IS SO ORDERED.

/s/
Rebecca Beach Smith
Chief

United States District Judge

o /*\

REBECCA BEACH SMITH

CHIEF UNITED STATES DISTRICT JUDGE

December |] , 2013