Elliott v. Colvin

Filing 19

ORDER re 11 Motion for Summary Judgment; 15 Motion for Summary Judgment; 18 Report and Recommendations. It is ORDERED that Commissioner's Motion for Summary Judgment be GRANTED, Plaintiff's Motion for Summary Judgment be DENIED. Signed by District Judge Raymond A. Jackson on 2/23/18 and filed 2/26/18. Copies distributed to all parties 2/26/18. (ldab, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

CHERYL ELLIOTT,
Plaintiff,
CIVIL ACTION NO.: 2:16cv708

V.

NANCY A. BERRYHILL,
Acting Commissioner,
Social Security Administration,
Defendant.

ORDER

On November 8, 2016, Plaintiff brought this action under Section 405(g) of the Social

Security Act, seeking judicial review of the final decision of the Defendant, Nancy A. Berryhill,
the Acting Commissioner of the Social Security Administration ("the Commissioner"), which
denied Plaintiffs claim for Disability Insurance Benefits ('DIE") pursuant to Title II, and his

claim for Supplemental Social Security Income ("SSI") pursuant to Title XVI, of the Social
Security Act.

On April 10,2017, this matter was referred to a United States MagistrateJudge pursuant to
the provisions of 28 U.S.C. Section 636(b)(1)(B)and (C), Rule 72(b) of the Federal Rules of Civil
Procedure and Rule 72 of the Rules of the United States District Court for the Eastern District of

Virginia for a report and recommendation (R&R). On January 25, 2018, the Magistrate Judge
filed his report recommending that Defendant's Motion for Summary Judgment be GRANTED,
but Plaintiffs Motion for Summary Judgment be DENIED.
The Court does hereby accept the findings and recommendations set forth in the report of

the United States Magistrate Judge filed January 25, 2018, and it is, therefore ORDERED that
Commissioner's Motion for Summary Judgment be GRANTED, Plaintiff's Motion for Summary
Judgment be DENIED.

The Clerk shall mail a copy of this final Order to counsel for the parties.
IT IS SO ORDERED.

Norfolk, Virginia
c u
iaio

February ^^2? '2018

_
.» , .
IUymondA.iacksoB

IWtedSwesDfartclJudge