Morris v. Colvin

Filing 16

FINAL ORDER ADOPTING and APPROVING in full the findings and recommendations of the Magistrate Judge's 15 Report and Recommendation. Accordingly, it is hereby ORDERED that the Commissioner's 13 Motion for Summary Judgment is DENIED; Ms. Morris's 12 Motion for Summary Judgment is GRANTED, the final decision of the Commissioner is VACATED, and the case is REMANDED for further proceedings, as outlined. (See Order for Specifics) Entered 5/4/15 and filed 5/5/15. (Signed by District Judge Arenda L. Wright Allen on 5/4/15). Copies provided as directed 5/5/15. (ecav, )

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

DOROTHY DELORIS MORRIS,
Plaintiff,
Civil No. 2:14cvl79

CAROLYN W. COLVIN,

Acting Commissioner of Social Security,
Defendant.
FINAL ORDER

Plaintiff Dorothy Deloris Morris brought this action under 42 U.S.C. § 405(g) seeking

judicial review of the final decision of the Social Security Commissioner ("Commissioner")
denying her claim for disability insurance benefits ("DIB") and supplemental security income
("SSI") pursuant to Title II and Title XVI 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 ofVirginia, and by

order ofreference dated July 17, 2014, this matter was referred to United States Magistrate Judge
Tommy E. Miller for a Report and Recommendation ("R&R").

In a R&R filed March 31, 2015, Judge Miller found that the Administrative Law Judge

failed to apply the correct legal standard for Listing 12.05(C) and his decision to deny Ms.
Morris's claim was not supported by substantial evidence. See ECF No. 15 at 19. Accordingly,

Judge Miller recommended granting Ms. Morris's motion for summary judgment, denying the
Commissioner's motion for summary judgment, vacating the decision ofthe Commissioner and
remanding the case further proceedings. Id.

By copy of the R&R, each party was advised of the right to file written objections to the
1

findings and recommendations made by Judge Miller within fourteen (14) days from the date the
R&R was mailed, pursuant to Rule 6(a) of the Federal Rules of Civil Procedure. The time for

filing 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] will result in waiver of right to appeal from ajudgment of this [Cjourt based on such
findings and recommendations." Id. at 20.

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 Commissioner's Motion for Summary Judgment (ECF No. 13) is
DENIED, Ms. Morris's Motion for Summary Judgment (ECF No. 12) is GRANTED, the final
decision of the Commissioner is VACATED, and the case is REMANDED for further
proceedings.

The Clerk is REQUESTED to send a copy of this Final Order to all parties.
IT IS SO ORDERED.

Arcuda L. Wright Allen
United StaTesT5istrict Judge
.2015

Norfolk, Virginia