Wright v. Berryhill

Filing 21

FINAL ORDER: The Court hereby ADOPTS the Magistrate Judge's Report and Recommendation, ECF No. 16; GRANTS the Defendant's Motion to Dismiss, ECF No. 10; and DISMISSES Plaintiffs' complaint WITHOUT PREJUDICE to Plaintiff seeking judicial review of this matter after his administrative appeal has completed. Copies of this Order sent as DIRECTED on 12.19.18. Signed by District Judge Robert G. Doumar and filed on 12/18/2018. (epri, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
NEWPORT NEWS DIVISION

JAELEN M.R. WRIGHT,
Plaintiff,
V.

CIVIL NO.4:17-cv-128

NANCY A. BERRYHILL,

Acting Commissioner of Social Security,
Defendant.
FINAL ORDER

This matter comes before the Court on the Report and Recommendation of the United
States Magistrate Judge with respect to Defendant Nancy A. BerryhilTs motion to dismiss
Plaintiffs complaint.

ECF No. 16. For the reasons below, the Court hereby ADOPTS such

Report and Recommendation, GRANTS Defendant's motion to dismiss, ECF No. 10, and

DISMISSES Plaintiffs complaint WITHOUT PREJUDICE to the Plaintiff seeking judicial
review ofthis matter after his administrative appeal has concluded.
I.

BACKGROUND

Jaelen M. R. Wright ("Plaintiff) has been receiving certain disability benefits, known as

Supplemental Security Income ("SSI"), pursuant to Title XVI of the Social Securi^ Act since
September 23, 1996. S|^ Declaration of Marie Cousins("Cousins Deck"), ECF No. il 1-1 H 3(a).'
I

In 2014, the Social Security Administration ("SSA")determined that Plaintiff was overpaid more
than $9,000 in SSI between November 1, 2012, and June 1, 2014, due to underreporting of

'Ms. Cousins avers in her declaration that she is the Chief of Court Case Preparation and Review Branch
2 of the Office of Appellate Operations, Office of Disability Adjudication and Review, Social Security
Administration. Id at 1. The Defendant submitted her declaration in support ofthe Defendant's motion to
dismiss in this case. ECF No. 11-1. The Court cites to such declaration herein only for purposes ofsetting
forth certain undisputed facts with respect to Defendant's case file with the Social Security Administration.
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