Alfano v. Colvin

Filing 18

ORDER granting 13 Plaintiff's Motion for Summary Judgment; denying 14 the Commissioner's Cross-Motion for Summary Judgment; and adopting 17 the Magistrate Judge's Report and Recommendations. The decision of the Commissioner is VACATED and REMANDED for further analysis consistent with the R&R. Copies distributed to all parties on 8/6/14. Signed by District Judge Arenda L. Wright Allen on 7/29/14 and filed on 8/5/14. (tbro)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

FLORENCE M. ALFANO,
Plaintiff,
v.

Civil No. 2:13cv330

CAROLYN W. COLVIN,

Acting Commissioner of
Social Security Administration,
Defendant.

FINAL ORDER

Plaintiff Florence M. Alfano brought this action under 42 U.S.C. §§ 405(g) and
1383(c)(3) seeking judicial review of the final decision of the Commissioner of Social Security
("Commissioner") denying her claim for disability insurance benefits ("DIB") pursuant to

section 205(g) of the Social Security Act.

Pursuant to the provisions of 28 U.S.C. §§

636(b)(1)(B) and (C), Rule 72(b) of the Federal Rules of Civil Procedure, Rule 72 of the Rules

of the United States District Court for the Eastern District of Virginia, and by order of reference
dated September 4, 2013, this matter was referred to United States Magistrate Judge Tommy E.
Miller for a Report and Recommendation ("R&R").

In the R&R filed May 28, 2014, Magistrate Judge Miller found the decision by the
Administrative Law Judge ("ALJ") denying Ms. Alfano's claim unsupported by substantial

evidence because the ALJ failed to properly evaluate Ms. Alfano's credibility and the medical
opinion evidence. May 28, 2014 R&R at 18, ECF No. 17; see, Id. at 20 n.4, 25-27, 29, & 35.

Accordingly, Magistrate Judge Miller recommended denying the Commissioner's Motion for

Summary Judgment, granting Ms. Alfano's Motion for Summary Judgment, and vacating and
remanding the decision of the Commissioner. Id. at 18.

By copy of the R&R, each party was advised of the right to file written objections to the

findings and recommendations made by the Magistrate Judge. The time for filing written
objections has passed, and neither party has filed objections to the Magistrate Judge's R&R. As
indicated in the R&R, "failure to file timely objections to the findings and recommendations set
forth [in the R&R] will result in waiver of right to appeal from a judgment of this court based on
such findings and recommendations." Id. at 36.

This Court has fully reviewed the R&R and hereby ADOPTS and APPROVES in the

findings and recommendations set forth therein. Accordingly, it is hereby ORDERED that Ms.
Alfano's Motion for Summary Judgment (ECF No. 13) is GRANTED, the Commissioner's
Cross-Motion for Summary Judgment (ECF No. 14) is DENIED, and the decision of the

Commissioner is VACATED and REMANDED for further analysis consistent with the R&R.
The Clerk is REQUESTED to forward a copy of this Order to all parties.
IT IS SO ORDERED.

Arenda L. Wright Allen

/y^^

July VI, 2014
Norfolk, Virginia

United States District Judge