Rosado v. Colvin

Filing 24

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Newport News Division rrn ' « ^ REINALDO CHERBONY ROSADO, Plaintiff, V. CIVIL ACTION NO.: 4;16cvl73 NANCY A. BERRYHILL, Acting Commissioner, Social Security Administration, Defendant. ORDER 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 REMANDED. 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. Norfolk, Virginia February ^ ,2018 ^ 77 ^ >— Raymonu .h. Jftd^son Umled litales District Judge

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