Idlett v. Colvin et al

Filing 20

FINAL ORDER: The Court ADOPTS the findings and recommendations set forth in the Report and Recommendation of the United States Magistrate Judge filed on May 5, 2017. Therefore, the Commissioner's Motion to Remand (ECF No. 12) is GRANTED, and t he Commissioner's decision on Idlett's claim is VACATED and the case is REMANDED to the Acting Commissioner of Social Security pursuant to sentence four of Section 405(g) of the Social Security Act, 42 U.S.C. § 405(g). Plaintiff's Motion for Summary Judgment (ECF No. 10) is DENIED AS MOOT. Copies of Order sent as DIRECTED on 5.31.17. Signed by District Judge Mark S. Davis on 5/30/2017 and filed on 5/31/2017. (epri)

UNITED
THE

STATES

DISTRICT

EASTERN DISTRICT

COURT

FLED

OF VIRG]

Newport News Division

MAY 3 1 2017
CLERK. US DISTRICT COURT

PAMELA DENISE IDLETT,

NORFOLK, VA

Plaintiff,
V

ACTION NO.

.

NANCY A.

4:16cvl34

BERRYHILL,

Acting Commissioner of Social Security,
Defendant.

FINAL

ORDER

Plaintiff, Pamela Denise Idlett {"Idlett"), 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)(l)(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

Magistrate Judge was filed on May 5,

and

2017,

Recommendation

of

the

recommending that the

district court grant the Commissioner's motion to remand to the
Social Security Administration (ECPNo. 12), that the Commissioner' s

decision on Idlett's claim be vacated, and that the case be remanded

to the Acting Commissioner of Social Security pursuant to sentence
four of Section 4 05 (g) of the Social Security Act, 42U.S.C. § 4 05(g).
It

was

further

recommended

that

Plaintiff's motion

for

summary

judgment (ECF No. 10) be denied as moot.

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.

Plaintiff filed her

Objection

Recommendation

Remand,

to

Magistrate

ECF No.

19,

Judge's

on May 12,

Report
2017.

and

for

Defendant did not file a

response to Plaintiff's objections.

Following a ^
Recommendation,

novo review of the Magistrate Judge's Report and

and the objections filed thereto, and finding no

error, the Court ADOPTS the findings and recommendations set forth

in the Report and Recommendation of the United States Magistrate
Judge filed on May 5, 2017.
to Remand (ECF No. 12)

Therefore,

the Commissioner's Motion

is GRANTED, and the Commissioner's decision

on Idlett's claim is VACATED and the case is REMANDED to the Acting
Commissioner of Social Security pursuant to sentence four of Section

405(g) of the Social Security Act, 42 U.S.C. § 405(g).

On remand,

the Appeals Council should send the case back to an Administrative

Law Judge for further administrative proceedings consistent with the

Magistrate Judge's Report and Recommendation.

Further, Plaintiff's

Motion for Summary Judgment (ECF No. 10) is DENIED AS MOOT.

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,

Street,

Norfolk,

Virginia 23510.

600 Granby

Said written notice must be

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

The Clerk shall forward a copy of this Final Order to Plaintiff
and to counsel

for

the

Defendant.

/s/.
Mark S.

Davis

United States District Judge
Norfolk, Virginia

May 30 , 2017