Searles v. Commissioner of Social Security

Filing 23

REMAND ORDER: The court does hereby adopt and approve the findings and recommendations set forth in the report of the United States Magistrate Judge filed November 25, 2015. Accordingly, plaintiff's Motion for Summary Judgment is GRANTED; the defendant's Motion for Summary Judgment is DENIED; and the final decision of the Acting Commissioner is VACATED and this matter is hereby REMANDED to the Acting Commissioner for further proceedings consistent with the Magistrate's Report and Recommendation filed November 25, 2015. Copies of Order sent as DIRECTED on 12.16.15. Signed by Chief District Judge Rebecca Beach Smith on 12/16/2015. (epri)

FILED
UNITED

STATES

EASTERN

DISTRICT

DISTRICT

OF

COURT

DEC 1 6 2015

VIRGINIA

Norfolk Division

CLERK, us DISTRICT COURT
NORFOl.K. VA

CORRY D.

SEARLES,

Plaintiff,
ACTION NO.

V.

CAROLYN W.

2:14cv474

COLVIN,

Acting Commissioner,
Social Security Administration,
Defendant.

REMAND

ORDER

Plaintiff brought this action under 42 U.S.C. § 405(g) seeking
judicial review of the final decision of the Acting Commissioner of
the

Social

Security

Administration

("Commissioner")

denying

plaintiff s claim for a period of disability and disability insurance

benefits ("DIB") under Title II of the Social Security Act, as well
as his claim for supplemental security income ("SSI"), under Title
XVI of the Social Security Act.
On January 5, 2015, this matter was referred to a United States

Magistrate

Judge,

pursuant

to

the

provisions of

28

U.S.C.

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

Procedure for report and recommendation.

Report of the magistrate

judge was filed on November 25, 2015, recommending plaintiff' s Motion
for Summary Judgment be granted;

defendant's Motion for Summary

Judgment

be

denied;

and that

the

final

Commissioner be vacated and remanded.

decision of

the Acting

By copy of the report, each

party was advised of the right to file written objections to the

findings and recommendations made by the magistrate judge.

The

court has received no objections to the magistrate judge's report
and recommendation,
The

court

and the time for filing same has expired.

does

recommendations

set

hereby

forth

adopt

in

the

and

approve

report

Magistrate Judge filed November 25, 2015.

of

the

the

findings

United

and

States

Accordingly, plaintiff's

Motion for Summary Judgment is GRANTED; the defendant's Motion for
Summary Judgment is DENIED;

and the final decision of the Acting

Commissioner is VACATED and this matter is hereby REMANDED to the
Acting Commissioner for

further proceedings consistent with the

Magistrate's Report and Recommendation filed November 25, 2015.
The Clerk shall forward a copy of this Remand Order to plaintiff
and to counsel

for defendant.

Isl

^tibecca Beach Smith
Chief Judge
REBECCA BEACH

CHIEF

December

m
,
lb .

2015

JUDGE

SMITH