Coward v. Social Security Administration

Filing 17

FINAL ORDER ADOPTING and APPROVING the FINDINGS and RECOMMENDATIONS set forth in the Report and Recommendation; denying 10 Plaintiff's Motion for Summary Judgment; granting 11 the Commissioner's Motion for Summary Judgment; advising of appeal procedure. Signed by District Judge Arenda L. Wright Allen on 07/01/2019. (tamarm)(Copies mailed as directed.)

UNITED STATES DISTRICT COURT

FILED

FOR THE EASTERN DISTRICT OF VIRGrt^
Norfolk Division

JUL- ' 2019
CLERK, U.S. DISTRICT COURT

WARDELL COWARD,III,

NORFOLK. VA

Plaintiff,
V.

Civil No. 2:18cv302

NANCY A. BERRYHILL,

Acting Commissioner of the Social Security
Administration,
Defendant.

FINAL ORDER

Plaintiff Wardell Coward, III ("Plaintiff) brought this action under 42 U.S.C. § 405(g)

seeking judicial review of the final decision of the Social Security Commissioner
("Commissioner")selecting Mr. Coward's ex-spouse to serve as representative payee for benefits
payable to one of their minor children.

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 September 17, 2018, this matter was referred
to United States Magistrate Judge Krask for a Report and Recommendation.
In a Report and Recommendation filed May 2, 2019, the Magistrate Judge found that the
decision by the Administrative Law Judge ("ALJ") regarding the representative payee was
supported by substantial evidence. ECFNo. 16. Accordingly,the Magistrate Judge recommended
granting the Commissioner's Motion for Summary Judgment and denying Mr. Coward'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. 11, be GRANTED and Plaintiffs
Motion for Summary Judgment,ECF No. 10, be DENIED.

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.

ArerSaX^^^ght Allen
United States District Judge
,2019

orfol^ Virginia