Faircloth v. Colvin

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; 10 Motion for Summary Judgment; 17 Motion to Remand ; re 20 Report and Recommendations.; 21 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation. The court, h aving examined the Objections and Response to the Objections 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 Magistr ate Judge filed on February 27, 2014. Accordingly, the Commissioner's decision is VACATED and REMANDED for further administrative proceedings consistent with this Order and the Report and Recommendation; the Defendant's Motion to Remand is GRANTED; and the Plaintiff's Motion for Summary Judgment is GRANTED to the extent it requests remand, and DENIED to the extent it requests an immediate award of benefits. Signed by Chief District Judge Rebecca Beach Smith and filed on 4/2/14. Copies distributed to counsel for the parties 4/2/14.(ldab, )

UNITED

STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Norfolk Division

ANDRE L.

FAIRCLOTH,

Plaintiff,
ACTION NO.

2:13cvl56

The Plaintiff brought this action under 42 U.S.C.

§§ 405(g)

CAROLYN W.

COLVIN,

Acting Commissioner of the Social
Security Administration,
Defendant.

ORDER

and 1383

(c) (3)

Commissioner

seeking judicial review of
of

("Commissioner")
insurance

the

denying

benefits

Social

the

("DIB")

Security

Plaintiff's
and

the decision of

Administration

claim

supplemental

the

for

disability

security

income

("SSI"), under the Social Security Act.
On June 7,

2013,

this matter was referred to United States

Magistrate Judge Tommy E. Miller,
28

U.S.C.

§ 636(b)(1)(B)

Procedure

72(b).

Judgment

and

an

July 10, 2013,

and

August

9,

February

2013.
27, 2014.

The

and

pursuant to the provisions of

(C)

Plaintiff

accompanying
the

The

Defendant

Report

The

and

Magistrate

and

Federal

filed

a

Motion

Memorandum
filed

a

Rule

in

Motion

Recommendation
Judge

of

for

Civil

Summary

Support

on

to

Remand

on

was

filed

on

recommended

that

the

Commissioner's

Remand

be

Judgment
denied

granted,

be
to

benefits.

decision

granted
the

and

the

to

extent

reversed,

the

the

Plaintiff's
extent

it

Defendant's

it

requested

Motion

requested
an

award

of

the parties

and recommendations made by the Magistrate Judge.

The

to

file

and

the

Objections

to

Summary

remand,

immediate

to

to

Plaintiff's

their right

Motion

for

By copy of the Report and Recommendation,

were advised of
findings

be

the

written objections

Magistrate

Recommendation were filed on March 17,

2014,

Judge's

Report

and

and the Defendant's

Response to the Objections was filed on March 27, 2014.
The court,

the

Objections

thereto,

having examined the

and

does

having

hereby

recommendations

set

made

adopt

forth

in

de

and
the

the United States Magistrate Judge
Accordingly,
for

further

Objections

novo

Remand

is

the

and

with

to

respect

findings

and

Recommendation

filed on February 27,

of

2014.

the Commissioner's decision is VACATED and REMANDED
administrative

proceedings

Order and the Report and Recommendation;

to

findings

approve
Report

and Response

GRANTED;

and

the

consistent

with

this

the Defendant's Motion

Plaintiff's

Motion

Judgment is GRANTED to the extent it requests remand,

for

Summary

and DENIED

to the extent it requests an immediate award of benefits.

The Clerk shall forward a copy of this Order to counsel for
the parties.

(s[

IT IS SO ORDERED.

Rebecca Beach Smith

„ .

Chief

United States DistrictJudge A ft

-flfr
REBECCA BEACH SMITH

CHIEF UNITED STATES DISTRICT JUDGE

April ^ > 2014