Young v. Social Security Administration

Filing 17

ORDER ADOPTING and APPROVING in full the Magistrate Judge's REPORT AND RECOMMENDATION 15 , as outlined. Accordingly, it is hereby ORDERED that Defendant's 11 Motion for Summary Judgment is GRANTED, Plaintiff Young's 10 Moti on for Summary Judgment is DENIED, and the final decision of the Commissioner is AFFIRMED. (See Final Order and footnote for Specifics) Entered 3/190/14 and filed 3/11/14. (Signed by District Judge Arenda L. Wright Allen on 3/10/14). (ecav) Copy mailed to pro se plaintiff at address provided on 3/11/14.

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

JACQUELINE ANNE YOUNG,
Plaintiff,

CivilNo.2:13cv63

SOCIAL SECURITY ADMINISTRATION,
Defendant.
FTNAL ORDER

Plaintiff Jacqueline Anne Young brought this action under 42 U.S.C. §405(g) seeking

judicial review of the final decision of the Social Security Commissioner ("Commissioner")
finding that Plaintiff was overpaid $27, 395.10 in disability insurance benefits ("DIB") under
Title II of the Social Security Act. Pursuant to the provisions of 28 U.S.C. §§ 636(b)(1)(B) and

(C), Rule 72(b) ofthe Federal Rules ofCivil Procedure, Rule 72 ofthe Rules ofthe United States
District Court for the Eastern District ofVirginia, and by order of reference dated April 23,2013,
this matter was referred to United States Magistrate Judge Tommy E. Miller for aReport and
Recommendation.

In aReport and Recommendation ("R&R") filed January 13, 2014, Judge Miller found
that the Administrative Law Judge's decision finding Ms. Young at fault for the overpayment of
DIB was supported by substantial evidence. See ECF No. 15 at 8. Accordingly, Judge Miller
recommended granting the Defendant's motion for summary judgment, denying Ms. Young's
motion for summary judgment and affirming the final decision ofthe Commissioner. Id.

By copy of the R&R, each party was advised of the right to file written objections to the
findings and recommendations made by Judge Miller within fourteen (14) days from the date the

R&R was mailed, pursuant to Rule 6(a) ofthe Federa. Rules of Civil Procedure. The time for
f,Hng written objections has passed, and neither party has filed objections.' As indicated in the
R&R, "failure to file timely objections to the findings and recommendations set forth [in the

R&R, wi.l result in waiver of right to appeal from ajudgment of this [C]ourt based on such
findings and recommendations." Id. at 9.

This Court has reviewed the R&R of Judge Miller (ECF No. 15) and hereby ADOPTS

and APPROVES in full the findings and recommendations set forth therein. Accordingly, it is

hereby ORDERED that the Defendant's Motion for Summary Judgment (ECF No. 11) is
GRANTED, Ms. Young's Motion for Summary Judgment (ECF No. 10) is DENIED, and the
final decision of the Commissioner is AFFIRMED.

The Clerk is REQUESTED to send acopy ofthis Final Order to all parties.
IT IS SO ORDERED.

Arenda L.

United States DistrictJudge

March ft ,2014
Norfolk, Virginia

file. On February 6,2014, Ms. Young advised the Clerk s» « «
Young nor arequest for an extension oftime.

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