Unsworth v. Colvin
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
FOR THE EASTERN DISTRICT OF VIRGINIA
RODNEY E. UNSWORTH,
Civil No. 2:16cv699
NANCY A. BERRYHILL,
Social Security Administration,
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
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
IT IS SO ORDERED.
Arenda Cr-Wnght Allen
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?