S.T. v. Social Security Administration

Filing 27

FINAL ORDER: The Court hereby ADOPTS the findings and recommendations of the Magistrate Judge as set forth in the Report and Recommendation filed on December 21, 2017, ECF No. 26. Accordingly, the Court GRANTS in part and DENIES in part Plaintiff s' Motion for Summary Judgment (ECF No. 15); DENIES the Commissioner's Motion for Summary Judgment (ECF No. 18); VACATES the final decision of the Commissioner; and REMANDS this case to the Commissioner for further proceedings consistent with the Magistrate Judge's Report and Recommendation (ECF No. 26). Copies of this Order sent as DIRECTED on 1.12.18. Signed by District Judge Robert G. Doumar and filed on 1/12/2018. (epri)

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FLED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION JAN 1 2 2018 S.T., CLhHK. US DiSTRiCT COURT NOPFOI K. VA by his next friend SHONTE L. TAYLOR, Plaintiff, CIVIL NO. 2:16-cv-7I7 V. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration^ Defendant. FINAL ORDER Shonte L. Taylor ("Plaintiff), proceeding pro sq, brought this action on behalf of her minor son, S.T., pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking judicial review of the decision of the Acting Commissioner ("Commissioner") of the Social Security Administration denying Plaintiffs application for supplemental security income ("SSI") under Title XVI of the Social Security Act. Plaintiff claims that her son, ST., became disabled on June 1, 2012, due to attention deficit hyperactivity disorder and oppositional defiant disorder. This matter was referred to a United States Magistrate Judge for a report and recommendation pursuant to provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Rule 72(b) of the Federal Rules of Civil Procedure as well as Rule 72 of the Local Rules of this Court. The Report and Recommendation of the Magistrate Judge was filed on December 21, 2017, which recommends that the Court grant, in part, and deny, in part. Plaintiffs Motion for Summary ' Nancy A. Berryhill became the Acting Commissioner of the Social Security Administration on January 23, 2017, after the commencement of this lawsuit. Therefore, Nancy A. Berryhill (hereinafter, "Commissioner") has been substituted for Carolyn W. Colvin as defendant in this case. 1 Judgment (ECF No. 15); deny the Commissioner's Motion for Summary Judgment (ECF No. 18); vacate the final decision of the Commissioner; and remand the case to the Commissioner for further proceedings. ECF No. 26. By copy of such report, each party was advised of the right to file written objections to the findings and recommendations made by the Magistrate Judge. Id. at 37. To date, the Court has received no objections to the Magistrate Judge's Report and Recommendation, and the time for filing same has expired. Therefore, the Court hereby ADOPTS the findings and recommendations of the Magistrate Judge as set forth in the Report and Recommendation filed on December 21, 2017. ECF No. 26. Accordingly, the Court GRANTS in part and DENIES in part Plaintiffs Motion for Summary Judgment (ECF No. 15); DENIES the Commissioner's Motion for Summary Judgment (ECF No. 18); VACATES the final decision of the Commissioner; and REMANDS this case to the Commissioner for further proceedings consistent with the Magistrate Judge's Report and Recommendation (ECF No. 26). The Clerk is DIRECTED to forward a copy of this Final Order to all Counsel of Record. IT IS SO ORDERED. Rol UNITED STATES DISTRICT JUDGE Norfolk, VA January 2018

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