Simmons v. Social Security Administration, No. 2:2013cv00665 - Document 19 (E.D. Va. 2015)

Court Description: FINAL ORDER: This Court has reviewed the R&R of Magistrate Judge Miller and ADOPTS and APPROVES in full the findings and recommendations set forth therein, (ECF No. 16). Accordingly, it is hereby ORDERED that Mr. Simmons's Motion for Summary Ju dgment (ECF No. 10) is DENIED, the Commissioner's Motion for Summary Judgment (ECF No. II) is GRANTED, the decision of the Commissioner is AFFIRMED, and this case is DISMISSED WITH PREJUDICE. Copy of Order forwarded to all parties as requested. Signed by District Judge Arenda L. Wright Allen on 02/24/2015. (epri, )

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Simmons v. Social Security Administration Doc. 19 1LED UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division FEB 2 4 2015 CLEHK, US D;;iT;i:Cr COURT NUPFO-. K, V'X SOLOMON D. SIMMONS, JR., Plaintiff, V. Civil No. 2:13cv665 CAROLYN W. COLVIN, Acting Conimissioner of Social Security Administration, Defendant. FINAL ORDER Plaintiff Solomon D. Simmons, Jr. ("Mr. Simmons") brought this action under 42 U.S.C. §§ 1383(c)(3) and 405(g) seeking judicial review of the final decision of the Social Security Commissioner {"Commissioner") denying his claim for supplemental security income ("SSI") pursuant to Title XVI of the Social Security Act. Pursuant to the provisions of 28 U.S.C. §§ 636(b)(1)(B) and (C), Rule 72(b) of the Federal Rules of Civil Procedure, Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia, and by order of reference dated February 20, 2014. this matter was referred to United States Magistrate Judge Tommy E. Miller for a Report and Recommendation ("R&R"). In a R&R filed November 12, 2014, Magistrate Judge Miller found that the decision by the Administrative Law Judge ("ALJ") to deny Mr. Simmons's claim was supported by substantial evidence, R&R, November 12, 2014, ECF No. 16 at 13. Accordingly, Magistrate Judge Miller recommended denying Mr. Simmons's Motion for Summary Judgment, granting the Commissioner's Motion for Summary Judgment, and affirming the decision of the Commissioner. Id. By copy of the Report, each party was advised of the right to file written objections to the findings and recommendations made by the Magistrate Judge. The Court received Mr. Dockets.Justia.com

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