Unsworth v. Colvin

Filing 19

FINAL ORDER - The Court ADOPTS and APPROVES in full the findings and recommendations. It is ORDERED that the Commissioner's Motion for Summary Judgment is DENIED, Plaintiff's Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART, and the final decision of the Commissioner is VACATED AND REMANDED for further consideration. Signed by District Judge Arenda L. Wright Allen on 2/7/18. (afar)

UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

RODNEY E. UNSWORTH,

Plaintiff,
V.

Civil No. 2:16cv699

NANCY A. BERRYHILL,

Acting Commissioner,
Social Security Administration,
Defendant.

FINAL ORDER

Plaintiff Rodney E. Unsworth brought this action pursuant to 42 U.S.C. §§ 405(g) and

1383(c)(3), seeking judicial review of the decision of the Acting Commissioner of the Social
Security Administration ("the Commissioner") to deny his claims for Disability Insurance
Benefits under Title II of the Social Security Act and for Supplemental Social Security Income

under Title XVI of the Social Security Act.

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

636(b)(1)(B) and (C), Federal Rule of Civil Procedure 72(b), Local Civil Rule 72, and by Order

of Reference filed on February 28, 2017, this matter was referred to a United States Magistrate
Judge for a Report and Recommendation ("R&R").

In the R&R subsequently filed (ECF No. 18), the Magistrate Judge found that the
Plaintiffs Motion for Summary Judgment (ECF No. 13) should be GRANTED to the extent it
seeks reversal and remand of the Commissioner's decision and DENIED to the extent that it

seeks entry of an order directing the award of benefits, that the Commissioner's Motion for
Summary Judgment (ECF No. 15) should be DENIED, and that the underlying decision of the
1

Commissioner should be VACATED AND REMANDED

for further consideration in

accordance with the reasoning of the R&R.

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 within fourteen 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 specific written objections to the . . . findings and
recommendations [set forth in the R&R] will result in a waiver of the right to appeal fi-om a
judgment of this Court based on such findings and recommendations." ECF No. 18 at 25.
This Court has reviewed the R&R (ECF No. 18) 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. 15) is DENIED, Plaintiffs

Motion for Summary Judgment (ECF No. 13) is GRANTED IN PART AND DENIED IN
PART, and the final decision of the Commissioner is VACATED AND REMANDED for further

consideration. The Clerk is REQUESTED to send a copy of this Final Order to all counsel of
record.

IT IS SO ORDERED.

Arenda Cr-Wnght Allen
United States District Judge

February
'
Norfolk, Virginia

2018