Covil v. Colvin, No. 2:2014cv00104 - Document 14 (E.D. Va. 2015)

Court Description: ORDER granting 8 Motion for Summary Judgment; denying 10 Motion for Summary Judgment; adopting Report and Recommendations re 13 Report and Recommendations. The Court does hereby accept the findings and recommendations set forth in the report of the United States Magistrate Judge filed January 14, 2015, and it is, therefore ORDERED that Plaintiffs Motion for Summary Judgment is GRANTED and that Defendant's Motion for Summary Judgment is DENIED. The decision of the Commissioner is VACATED and the case is REMANDED for further administrative proceedings. Copy mailed to all counsel of record.Signed by District Judge Raymond A. Jackson on 3/4/2015. (bgra)

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Covil v. Colvin Doc. 14 FILED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA MAR -4 2015 Norfolk Division CLEriK, US DISTRICT COURT NORFOLK. VA ANGELA DENISE COVIL, Plaintiff, CIVIL ACTION NO. 2:14cvl04 v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ORDER Before the Court is the Magistrate Judge's Report and Recommendation on Angela Denise Cavil's ("Plaintiff) action forjudicial review of the final decision of the Acting Commissioner of Social Security (''Defendant") denying Plaintiffs claim for disability insurance benefits ("DIB") and supplemental security income ("SIS"). On June 3, 2014, 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 of the Rules of the United States District Court for the Eastern District of Virginia for a report and recommendation. On July 7, 2014, Plaintiff filed a Motion for Summary Judgment and accompanying memorandum. (ECF Nos. 8 & 9). On August 6, 2014, Defendant filed a Motion for Summary Judgment and accompanying memorandum opposing Plaintiffs Motion for Summary Judgment. (ECF Nos. 10 & 11). On August 21, 2014, Plaintiff filed her Rebuttal Brief. (ECF No. 12). On January 14. 2015. the Magistrate Judge filed his report recommending that Plaintiffs Motion for Summary Judgment be GRANTED, that Defendant's Motion for Summary Judgment be DENIED, and the Dockets.Justia.com .' Commissioner's decision be VACATED and the case be REMANDED for further administrative proceedings. By copy of the report, each party was advised of their right to file written objections to the findings and recommendations made by the Magistrate Judge. The Court has received no objections to the report and the time for filing the same has expired. The Court docs hereby accept the findings and recommendations set forth in the report of the United States Magistrate Judge filed January 14, 2015, and it is. therefore ORDERED that Plaintiffs Motion for Summary Judgment is GRANTED and that Defendant's Motion for Summary Judgment is DENIED. Accordingly, the decision of the Commissioner is VACATED and the case is REMANDED for further administrative proceedings. The Clerk shall mail a copy of this final Order to counsel for both Parties. IT IS SO ORDERED. Norfolk Virgin^ March 7*,MD Raymond A. Jackson Unilcd ^^ Dlslncl JuJ e

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