Sutton v. Colvin

Filing 17

FINAL ORDER: The Court ADOPTS the findings and recommendations set forth in the Report and Recommendation of the United States Magistrate Judge filed on November 29, 2016. Therefore, Defendant's Motion for Summary Judgment (ECF No. 11) is DENIE D; Plaintiff's Motion for Summary Judgment (ECF No. 10) is GRANTED IN PART AND DENIED IN PART. Additionally, to the extent plaintiff's motion for summary judgment sought a reversal and an award of benefits, it is DENIED. Accordingly, the Commissioner's ruling is VACATED and the case is REMANDED for further proceedings. Copies of Order sent as DIRECTED on 12.23.16. Signed by District Judge Mark S. Davis on 12/22/2016 and filed on 12/23/2016. (epri, )

UNITED
FOR THE

STATES

DISTRICT

EASTERN DISTRICT

FLED

COURT

OF VIRGINIA

DEC 2 3 2016

Newport News Division

C1.ERK, US D'STRICT COURT
Nnnpoi K. VA

TERRY L.

SUTTON,

Plaintiff,
ACTION NO.

V.

CAROLYN W.

4:15cvl29

COLVIN,

Commissioner of Social Security,
Defendant.

FINAL

ORDER

Plaintiff, Terry L. Sutton, brought this action pursuant to 42
U.S.C. § 405(g), seeking judicial review of a decision of the Acting
Commissioner of the Social Security Administration {"Commissioner")

denying her claim for a period of disability and disability insurance
benefits under Title II of the Social Security Act.
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 D i s t r i c t Court for the Eastern

District

of

Virginia.

The

Report

and

Recommendation

of

the

Magistrate Judge was filed on November 29, 2016, recommending that
the district court grant in part and deny in part plaintiff's motion
for

summary

judgment

(ECF No.

10),

deny defendant's

motion for

summary judgment {ECF No. 11), and vacate and remand the decision

of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g)

for further proceedings. It was further recommended that plaintiff's
motion for summary judgment be denied to the extent i t sought a
reversal and an award of benefits.

By copy of the Report and Recommendation, each party was advised
of

the

right

to

file

written

objections

to

recommendations made by the Magistrate Judge.

the

findings

and

No objections have

been filed.

Following a ^

novo review of the Magistrate Judge's Report and

Recommendation, and given the fact that no objections have been filed
thereto, the Court ADOPTS the findings and recommendations set forth
in the Report and Recommendation of the United States Magistrate
Judge filed on November 29, 2016.
Summary Judgment

(ECF No.

11)

Therefore, Defendant's Motion for
is DENIED;

Plaintiff's Motion for

Summary Judgment (ECF No. 10) is GRANTED IN PART AND DENIED IN PART.

Additionally, to the extent plaintiff's motion for summary judgment
sought

a

reversal

and

an

award

of

benefits,

it

is

DENIED.

Accordingly, the Commissioner's ruling is VACATED and the case is
REMANDED for further proceedings.

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 (50) days from the date of this
Final

Order.

The Clerk shall forward a copy of this Final Order to counsel
for the parties.

/s/
Mark S.

Davis

United States District Judge
Norfolk, Virginia
December

,

2016