Montaque v. Colvin et al

Filing 18

FINAL ORDER that the plaintiff's objections to the Report and Recommendation of the Magistrate Judge are OVERRULED as MOOT. Should plaintiff have further concerns, after the Social Security Administration evaluates the case again; plaintiff may appeal; The Report and Recommendation of the Magistrate Judge 16 is ADOPTED on the basis of the reasoning of the Report and Recommendation; the plaintiff's Motion for Summary Judgment 12 is GRANTED; The Commissioner's Motion for Summary Judgment 14 is DENIED; The Commissioner's decision denying benefits to the plaintiff is VACATED and REMANDED. It is further ORDERED that the issues are adequately addressed by the briefs and oral argument would not materially aid the decisional process. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 9/14/2015. Order was electronically sent to all counsel of record. (sbea, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

WILLIAM MONTAQUE,
Plaintiff,
Civil Action No. 3:14-cv-812-JAG

V.

CAROLYN W. COLVIN,

Commissioner ofSocial Security,
Defendant.

FINAL ORDER

This matter comes before the Court on the plaintiffs Objection (Dk. No. 17.) to the

Magistrate Judge's Report and Recommendation.

(Dk. No. 16.)

Having reviewed the

Magistrate Judge's Report and Recommendation, the plaintiffs Objection, and the record, and
finding no error therein, it is hereby ordered that:

(1) The plaintiffs objections to the Report and Recommendation of the Magistrate Judge
are OVERRULED as MOOT, because the plaintiff received the requested relief in the

Magistrate Judge's ruling.

Should plaintiff have further concerns, after the Social

Security Administration evaluates the case again; plaintiff may appeal;
(2) The Report and Recommendation of the Magistrate Judge (Dk. No. 16.) is
ADOPTED on the basis of the reasoning of the Report and Recommendation;
(3) The plaintiffs Motion for Summary Judgment (Dk. No. 12.) is GRANTED;
(4) The Commissioner's Motion for Summary Judgment (Dk. No. 14.) is DENIED; and

(5) The Commissioner's decision denying benefits to the plaintiff is VACATED and
REMANDED.

It is further ORDERED that the issues are adequately addressed by the briefs and oral
argument would not materially aid the decisional process.
It is so ORDERED.

Let the Clerk send a copy of this Order to all counsel of record.

f

/s/

Date: September I 1.2015

John A. Gibne}",oiy

Richmond, VA

United Stales Distriii Judge