Thomas v. Astrue

Filing 22

ORDER adopting the findings and recommendations re 19 Report and Recommendations; denying 13 Defendant's Motion for Summary Judgment; denying 11 Plaintiff's Motion for Summary Judgment to the extent that it seeks an order directing an award of Social Security Disability benefits, andis GRANTED to the extent it seeks remand of this case; Commissioner's decision is VACATED and REMANDED for further administrative proceedings consistent with this Order and the Report and Recommendation. Signed by Chief District Judge Rebecca Beach Smith and filed on 11/5/2013. (rsim, )

UNITED

STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Newport News Division

NATHANIEL THOMAS,

Plaintiff,
ACTION NO.

v.

CAROLYN W.

4:12cvl79

COLVIN,

Acting Commissioner of Social Security,
Defendant.

ORDER

This

Motion

matter

for

comes

Summary

before

Judgment,

the

filed

court

April

is

seeking

Commissioner

of

("Commissioner")

judicial
the

denying

review

Social

the

the

on

the
The

of

4, 2013,

Plaintiff s

filed May 6, 2013.

Defendant's Motion for Summary Judgment,
Plaintiff

on

the

decision

Security

Plaintiff's

and

of

the

Administration

claim

for

disability

insurance benefits under the Social Security Act.
On May 13,

Magistrate
of

28

Judge

U.S.C.

Procedure

2013,

the Motions were referred to United States

Douglas

E.

§ 636(b) (1) (B)

72(b),

for

a

Miller,
and

report

(C)

pursuant
and

and

to

Federal

the

provisions

Rule

recommendation

of

for

Civil

the

disposition of the Motions.

The

Report

September 11, 2013.

and

The

Recommendation

Magistrate

Judge

was

filed

recommended

on

vacating

the

Commissioner's

administrative

to

the

Report
the

By

The

copy

advised of

findings

Judge.

and

proceedings

Recommendation.

parties were

decision

and

consistent

of

the

Report

their right

and

to

Objections

and Recommendation were
Response

for

the

further

Report

and

Recommendation,

written

made

to

the

case
the

file

filed on

to

the

with

recommendations

Defendant's

Plaintiff's

remanding

by

objections

the

Magistrate

Magistrate

Judge's

September 24, 2013,

Objections

the

was

filed

and
on

October 1, 2013.

The

court,

the Objections

de

novo

having

examined

to the Report

findings

with

the

Objections

and

and Recommendation

respect

thereto,

does

Response

to

and having made

hereby

adopt

and

approve the findings and recommendations set forth in the Report
and

Recommendation

September

11,

of

2013.

Summary Judgment

is DENIED.

is

DENIED

directing

an

award of

GRANTED

to

United

the

States

Magistrate

the

Defendant's

Accordingly,

Judgment

is

the

to

The

the

extent

Social

extent

Commissioner's

decision

administrative

proceedings

Report and Recommendation.

is

Plaintiff's
that

Security

it

seeks

VACATED

consistent

Judge

Motion

Motion
it

filed

for Summary

seeks

an

order

Disability benefits,

remand
and

of

this

REMANDED

with

this

for

case.

for

Order

and
The

further

and

the

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

the parties.
IT

IS

SO ORDERED.

/S/

Rebecca BeachSmith

United States District Judge _£g^REBECCA BEACH
CHIEF UNITED

5 , 20:

November r> , 2013

SMITH
STATES

DISTRICT

JUDGE