Younger v. Berryhill

Filing 17

FINAL ORDER adopting and approving the findings and recommendations set forth in the Report and Recommendation. The Commissioner's Motion for Summary Judgment 13 is GRANTED. Plaintiff's Motion for Summary Judgment 10 is DENIED. The final decision of the Commissioner is AFFIRMED and the matter is DISMISSED WITH PREJUDICE. Signed by District Judge Arenda L. Wright Allen on 07/29/2019. (tamarm)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

FILED

%

JlL 19 2019
JERRY EDWARD YOUNGER,
CLERK, U.S. DISTRICT COURT
NORFOLK. VA

Plaintiff,

Civil No. 2:18cvl82

NANCY A. BERRYHILL,

Acting Commissioner of the Social Security
Administration,
Defendant.

FINAL ORDER

Plaintiff Jerry Edward Younger brought this action under 42 U.S.C. § 405(g) seeking
judicial review of the final decision of the Social Security Commissioner ("Commissioner")
denying Mr. Younger's claim for Supplemental Security Disability Income ("SSDI") under the
Social Seciuity Act.

Pursuant to the provisions of28 U.S.C. §§ 636(b)(1)(B)and(C), Rule 72(b)ofthe Federal
Rules of Civil Procedure, Rule 72 of the Rules of the United States District Court for the Eastem

District of Virginia, and by order of reference dated June 11, 2018, this matter was referred to
United States Magistrate Judge Leonard for a Report and Recommendation.
In a Report and Recommendation filed June 21,2019,the Magistrate Judge found that the

decision by the Administrative Law Judge ("ALJ") denying Mr. Younger's claim for SSDI was
supported by substantial evidence. ECF No. 15. Accordingly,the Magistrate Judge recommended

granting the Commissioner's Motion for Summary Judgment and denying Mr. Younger's Motion
for Summary Judgment. Id.

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 and the time for filing objections
has now expired.

The Court, having reviewed the record, does hereby adopt and approve the findings and
recommendations set forth in the Report and Recommendation. It is, therefore, ORDERED that
the Commissioner's Motion for Summary Judgment, ECF No. 13, be GRANTED, Plaintiffs

Motion for Summary Judgment,ECF No. 10,be DENIED,the final decision ofthe Commissioner
be AFFIRMED,and the matter be DISMISSED WITH PREJUDICE.

The parties are ADVISED that an appeal from this Final Order may be commenced by
forwarding a written notice ofappeal to the Clerk ofthe United States District Court,United States
Courthouse,600 Granby Street, Norfolk, Virginia 23510. This written notice must be received by
the Clerk within sixty days from the date of this Final Order.
The Clerk is REQUESTED to mail a copy of this Order to all parties.
IT IS SO ORDERED.

ArendatrWnght Allen
United States District Judge

_!_,2019
rfolk^irginia