Gelbrich v. Colvin

Filing 17

FINAL ORDER denying 11 Plaintiff's Motion for Summary Judgment; granting 14 Defendant's Motion for Summary Judgment; adopting and approving the findings and recommendations set forth in the 16 Report and Recommendations of the Un ited States Magistrate Judge filed on March 31, 2014. The Commissioner's decision is AFFIRMED. The Clerk is DIRECTED to enter judgment for the Defendant. Copy of this order distributed to all parties on 5/1/14. Signed by Chief District Judge Rebecca Beach Smith on 4/30/14 and filed on 5/1/14. (tbro)

UNITED

STATES

DISTRICT

EASTERN DISTRICT

COURT

OF VIRGINIA

Newport News Division

KATHERINE LYNN GELBRICH,

Plaintiff,
ACTION NO.

4:13cv54

The Plaintiff brought this action under 42 U.S.C.

§ 405(g)

v.

CAROLYN W.

COLVIN,

Acting Commissioner of the
Social Security Administration/
Defendant.

FINAL

seeking judicial review of

ORDER

the decision of

the Social Security Administration

Plaintiff's
insurance

claim

for

benefits

a

period

("DIB"),

the

Commissioner of

("Commissioner")

of

under

disability
Title

II

denying the

and
of

disability
the

Social

Security Act.
On July 12,

2013,

the matter was referred to United States

Magistrate Judge Tommy E. Miller, pursuant to the provisions of
28

U.S.C.

§ 636(b)(1)(B)

and

(C) ,

Federal

Procedure 72(b), and Local Civil Rule 72,
including evidentiary hearings,
the

undersigned proposed

recommendations

for

the

of

disposition

fact,
of

of

Civil

to conduct hearings,

if necessary,

findings

Rule

and to submit to
if

applicable,

this

matter.

and
The

Plaintiff filed a Motion for Summary Judgment and Memorandum in

Support on August 26,
Summary

2013,

Judgment

and

September 25, 2013.

recommended

Judgment,

Memorandum

in

filed on March 31,

denying

the

2014.

Plaintiff's

on

The Magistrate

Motion

for

Summary

granting the Defendant's Motion for Summary Judgment,

and affirming the Commissioner's decision.
and

Support

The United States Magistrate Judge's Report

and Recommendation was
Judge

and the Defendant filed a Motion for

Recommendation

of

advised of

their right

court

received

the

has

to

no

Magistrate

Judge,

the

parties

file written objections

objections

Report and Recommendation,

By copy of the Report

to

the

were

thereto.

Magistrate

The

Judge's

and the time for filing the same has

expired.
The

court

does

recommendations
the

United

States

Accordingly,
DENIED,
and

set

the

hereby adopt

and

forth

Report

in

Magistrate

Plaintiff's

the

Judge

Motion

approve
and

filed

for

findings

Recommendation

on

March

Summary

the Defendant's Motion for Summary Judgment

the

Commissioner's

decision

is

AFFIRMED.

DIRECTED to enter judgment for the Defendant.
shall

the

forward

a

copy

of

this

Final

Order

31,

The

Clerk

is

the Clerk

counsel

/s/
Rebecca BeachS
Chief

United States Dis^Tf

April^D, 2014

is

is GRANTED,

parties.

it is so ordered.

of

2014.

Judgment

Further,
to

and

for

the