King v. Colvin

Filing 20

ORDER entered 7/22/16 and filed 7/25/16: On September 15, 2015, this matter was referred to United States Magistrate Judge Robert J. Krask pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72(b) of the Federal Rules of Civil Procedure for a report and recommendation. The Court has received no objections to the report, and the time for filing the same has expired. Accordingly, the Court does hereby accept the findings and recommendations set forth in Magistrate Judge Krask 's 19 Report and Recommendation. Plaintiff's 14 Motion for Summary Judgment is GRANTED and Commissioner's 16 Motion for Summary Judgment is DENIED. The decision of the Commissioner is VACATED and the case is REMANDED t o the Social Security Administration for further proceedings consistent with this reports and recommendation, as outlined. (See Order for Specifics) (Signed by District Judge Raymond A. Jackson on 7/22/16). Copies provided as directed 7/25/16. (ecav, )

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

Newport News Division

MICHELLE KING,
Plaintiff,
CIVIL ACTION NO. 4:15cv69

v.

CAROLYN VV. COLVIN,

Acting Commissioner of the Social
Security Administration,
Defendant.

ORDER

Before the Court is Michelle King's ("Plaintiff') action under 42 U.S.C. § 405(g) seeking
judicial review of the decision of the Commissioner of the Social Security Administration

("Commissioner") that denied her claim for a period of disability, disability insurance benefits,
and supplemental security income under the Social Security Act.
On September 15, 2015, this matter was referred to United States Magistrate Judge Robert
J. Krask pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). and Rule 72(b) of the Federal Rules of Civil

Procedure for a report and recommendation. On October 15. 2015. Plaintiff filed a Motion for
Summary Judgment and an accompanying memorandum. ECF Nos. 14, 15. On November 16,
2015. Commissioner filed a Motion for Summary judgment and an accompanying memorandum.

ECF Nos. 16. 17. to which Plaintiff replied on December 3. 2015. ECF No. 18. On July 1, 2016.

Magistrate Judge Krask fled his report recommending that Plaintiffs Motion for Summary

Judgment be granted, that Commissioner's Motion for Summary Judgment be denied, and that the
final decision of Commissioner be vacated and the case be remanded to the Social Security
1

Administration for further proceedings consistent with the report and recommendation.

F.CF No.

19. By copy of the report, each party was advised of their right to file written objections to the

findings and recommendations made by the Magistrate Judge within fourteen (14) days from the
date of the mailing of the report.

The Court has received no objections to the report, and the time for filing the same has
expired. Accordingly, the Court docs hereby accept the findings and recommendations set forth
in the Magistrate Judge Krask's Report and Recommendation. Plaintiffs Motion for Summary
Judgment is GRANTED and Commissioner's Motion for Summary Judgment is DENIED. The
decision of the Commissioner is VACATED and the case is REMANDED to the Social Security
Administration for further proceedings consistent with this report and recommendation.
The Clerk is DIRECTED to provide a copy of this Order to both parties.
IT IS SO ORDERED.

Raymond A. Jackson

Norfolk. Virginia

United stales District Judue

July ^2^-2*) 16

2