Holiday v. Berryhill

Filing 16

REMAND ORDER granting 11 Plaintiff's Motion for Summary Judgment; denying 13 Defendant's Motion for Summary Judgment; and adopting 15 Magistrate's Report and Recommendations. The final decision of the Commissioner is VACATED; a nd this matter is hereby REMANDED to the Acting Commissioner for further proceedings consistent with the Magistrate's Report and Recommendation filed January 17, 2018. Signed by Chief District Judge Rebecca Beach Smith and filed on 2/7/18. (tbro)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

Norfolk Division

HELEN HOLIDAY,

Plaintiff,
ACTION NO.

V.

NANCY A.

2:17cv90

BERRYHILL,

Acting Commissioner,
Social Security Administration,
Defendant.

REMAND ORDER

Plaintiff

brought

this

action under

42

U.S.C.

§

405(g),

seeking judicial review of the final decision of the Commissioner
of

the

Social

Security

Administration

(''Commissioner")/

which

decision denied plaintiff's claim for supplemental security income
C'SSI")

under the Social Security Act.

On May 24,
Magistrate

2017,

Judge,

this matter was referred to a United States

pursuant

to

the

provisions of

28

U.S.C.

§ 636 (b) (1) (B) and (C) , and Rule 72(b) of the Federal Rule of Civil
Procedure, for report and recommendation.

Report of the magistrate

judge was filed on January 17, 2018, recommending that plaintiff's
Motion
Summary

for

Summary Judgment be granted;

Judgment

be

denied;

Commissioner be vacated;

the

final

defendant's
decision

of

Motion
the

for

Acting

and this matter be remanded for further

proceedings consistent with the recommendation.

By copy of the

report, each party was advised of the right to file written objections
to the findings and recommendations made by the magistrate judge.
The court has received no objections to the magistrate judge's report
and recommendation,

The

court

and the time for filing same has expired.

does

recommendations

set

hereby adopt
forth

in

and

the

approve

report

Magistrate Judge filed January 17, 2018.
Motion

for

Summary Judgment

is

GRANTED;

of

the
the

findings
United

and

States

Accordingly, plaintiff's
defendant's

Motion

for

Summary Judgment is DENIED; the final decision of the Commissioner

is

VACATED;

and

Commissioner for

this

matter

is

hereby

REMANDED

to

the

Acting

further proceedings consistent with the Magis

trate's Report and Recommendation filed January 17,

2018.

The Clerk shall forward a copy of this Remand Order to counsel

for plaintiff and defendant.
Isl

Rebecca Beach Smith
Chief Judge
REBECCA BEACH SMITH

CHIEF UNITED STATES DISTRICT JUDGE

February ^

, 2018