Woods v. Commissioner of Social Security

Filing 20

OPINION and ORDER denying 11 Motion for Summary Judgment; granting 15 Motion for Summary Judgment; accepting 17 Report and Recommendations and overruling 18 Objections. Signed by Judge James P. Jones on 03/19/2018. (ab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
BIG STONE GAP DIVISION
DAVID EUGENE WOODS,
Plaintiff,
v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER
OF SOCIAL SECURITY,
Defendant.

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Case No. 2:17CV00014
OPINION AND ORDER
By: James P. Jones
United States District Judge

P. Heith Reynolds, Wolfe, Williams, & Reynolds, Norton, Virginia, for Plaintiff;
Antonia M. Adam, Special Assistant United States Attorney, Social Security
Administration, Philadelphia, Pennsylvania, for Defendant.
In this Social Security disability case, the plaintiff has filed timely Objections to
the Report and Recommendation (“Report”) of the magistrate judge recommending that
the court affirm the decision of the Commissioner of Social Security (“Commissioner”)
which denied his claims for disability insurance and supplemental security income
benefits under the Social Security Act. The parties have fully briefed the issues and the
Objections are ripe for decision.

I must review the aspects of the Report to which the plaintiff objects de
novo, and either “accept, reject, or modify, in whole or in part, the findings or
recommendations” made by the magistrate judge. 28 U.S.C. § 636(b)(1).

After careful consideration of the record and the arguments of counsel, I will
overrule the plaintiff’s Objections for the reasons stated by the Commissioner in
her response. Accordingly, it is ORDERED as follows:
1. The Report, ECF No. 17, and its findings and recommendations are
wholly ACCEPTED;
2. The Objections by the plaintiff, ECF No. 18, are OVERRULED;
3. The Motion for Summary Judgment by the Plaintiff, ECF No. 11, is
DENIED;
4. The Motion for Summary Judgment by the Commissioner, ECF No. 15, is
GRANTED; and
5. The final decision of the Commissioner is AFFIRMED.
A separate final judgment shall be entered forthwith.
ENTER: March 19, 2018
/s/ James P. Jones
United States District Judge

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