Rosado v. Colvin
ORDER that Commissioner's Motion for Summary Judgment be DENIED, Plaintiff's Motion for Summary Judgment be GRANTED IN PART AND DENIED IN PART, the Commissioner's decision be VACATED and REMANDED. Signed by District Judge Raymond A. Jackson on 2/8/18. (afar)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Newport News Division
REINALDO CHERBONY ROSADO,
CIVIL ACTION NO.: 4;16cvl73
NANCY A. BERRYHILL,
Social Security Administration,
On November 21, 2016, Plaintiff brought this action under Section 205(g) of the Social
Security Act, 42 U.S.C. Section 405(g), seeking judicial review of the final decision of the
Defendant, Nancy A. Berryhill, the Acting Commissioner of the Social Security Administration
("the Commissioner"), which denied PlaintifiTs claim for Disability Insurance Benefits ('DIB")
pursuant to Title II, and his claim for Supplemental Social Security Income ("SSI") pursuant to
Title XVI, ofthe Social Security Act.
On March 13,2017, this matter was referred to a United States Magistrate Judge pursuant
to the provisions of 28 U.S.C. Section 636(b)(1)(B) and (C), Rule 72(b) of the Federal Rules of
Civil Procedure and Rule 72 ofthe Rules ofthe United States District Court for the Eastern District
of Virginia for a report and recommendation (R&R). On January 22,2018, the Magistrate Judge
filed his report recommending that Defendant's Motion for Summary Judgment be DENIED, but
Plaintiffs Motion for Summary Judgment be GRANTED to the extent it seeks reversal and
remand of the Commissioner's decision, and DENIED to the extent that it seeks entry of an order
directing the award of benefits, and the Commissioner's decision be VACATED and
The Court does hereby accept the findings and recommendations set forth in the report of
the United States Magistrate Judge filed January 22, 2018, and it is, therefore ORDERED that
Commissioner's Motion for Summary Judgment be DENIED, Plaintiffs Motion for Summary
Judgment be GRANTED IN PART AND DENIED IN PART, the Commissioner's decision be
VACATED and REMANDED.
The Clerk shall mail a copy of this final Order to counsel for the parties.
IT IS SO ORDERED.
February ^ ,2018
Raymonu .h. Jftd^son
Umled litales District Judge
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