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)
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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