Wyche v. Colvin

Filing 17

ORDER ADOPTING the findings and recommendations set for in the 16 REPORT AND RECOMMENDATION of the United States Magistrate Judge filed on 3/25/14. The Plaintiff's 9 Motion for Summary Judgment is GRANTED. The Defendant's 13 Motio n for Summary Judgment is DENIED, and the final decision of the Acting Commissioner is VACATED and this matter is REMANDED for further proceedings consistent with the Report and Recommendation of the Magistrate Judge, noting appeal procedures, as outlined. Entered and filed 4/29/14. (Signed by District Judge Mark S. Davis on 4/29/14). Copies provided as directed on 4/30/14. (ecav, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OP VIRGINIA

Newport News Division

STEPHEN WYCHE,

Plaintiff,
ACTION NO.

V,

CAROLYN W.

4:13cv43

COLVIN,

Acting Commissioner of
Social Security,
Defendant

FINAL

ORDER

Plaintiff, Stephen Wyche, brought this action seeking judicial
review of the decision of the Commissioner of the Social Security

Administration ("Commissioner") denying his claim for disability
insurance under Title II of the Social Security Act.

42 U.S.C. §§

401-433.

This matter was referred to a United States Magistrate Judge,

pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and
Rule 72(b) of the Federal Rules of Civil Procedure, as well as Rule
72 of the Rules of the United States District Court for the Eastern

District

of Virginia.

The

Report and Recommendation of

the

Magistrate Judge was filed on March 25, 2014, recommending that the
Commissioner's

Motion

for

Summary

Judgment

be

denied,

that

Plaintiff's Motion for Summary Judgment be granted, that the prior
decision of the Acting Commissioner be VACATED, and that this matter

be REMANDED for further consideration in light of the post-hearing
evidence and changes in the law concerning Plaintiff's VA disability
rating, and its impact on his claim for benefits.
By copy of the Report and Recommendation, each party was

advised of the right to file written objections to the findings and
recommendations made by the Magistrate Judge.

received no objections

to

The Court has

the Magistrate Judge's

Report and

Recommendation.

Following a de novo review of the Magistrate Judge's Report and
Recommendation,

the

Court

hereby

ADOPTS

the

findings

and

recommendations set forth in the Report and Recommendation of the

United States Magistrate Judge filed on March 25,

2014.

The

Plaintiff's motion for summary judgment (ECF No. 9) is GRANTED, the
Defendant's motion for summary judgment (ECF No. 13) is DENIED, and

the final decision of the Acting Commissioner is VACATED and this
matter is REMANDED for further proceedings consistent with the Report
and Recommendation of the Magistrate Judge.

The parties are ADVISED that they may appeal from this Final
Order by forwarding a written notice of appeal to the Clerk of the
United States District Court, United States Courthouse, 600 Granby

Street,

Norfolk,

Virginia 23510.

Said written notice must be

received by the Clerk within sixty (60) days from the date of thxs
Final Order.

The Clerk shall forward a copy of this Final Order to counsel
of record.
/s
Mark S.

7S&r

Davis

United States District Judge
Norfolk, Virginia

April 3fl . 2014