Searles v. Colvin, No. 2:2014cv00474 - Document 23 (E.D. Va. 2015)
Court Description: REMAND ORDER: The court does hereby adopt and approve the findings and recommendations set forth in the report of the United States Magistrate Judge filed November 25, 2015. Accordingly, plaintiff's Motion for Summary Judgment is GRANTED; the defendant's Motion for Summary Judgment is DENIED; and the final decision of the Acting Commissioner is VACATED and this matter is hereby REMANDED to the Acting Commissioner for further proceedings consistent with the Magistrate's Report and Recommendation filed November 25, 2015. Copies of Order sent as DIRECTED on 12.16.15. Signed by Chief District Judge Rebecca Beach Smith on 12/16/2015. (epri)
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Searles v. Colvin Doc. 23 FILED UNITED STATES EASTERN DISTRICT DISTRICT OF COURT DEC 1 6 2015 VIRGINIA Norfolk Division CLERK, us DISTRICT COURT NORFOl.K. VA CORRY D. SEARLES, Plaintiff, ACTION NO. V. CAROLYN W. 2:14cv474 COLVIN, Acting Commissioner, Social Security Administration, Defendant. REMAND ORDER Plaintiff brought this action under 42 U.S.C. § 405(g) seeking judicial review of the final decision of the Acting Commissioner of the Social Security Administration ("Commissioner") denying plaintiff s claim for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act, as well as his claim for supplemental security income ("SSI"), under Title XVI of the Social Security Act. On January 5, 2015, this matter was referred to a United States Magistrate Judge, pursuant to the provisions of 28 U.S.C. § 636(b) (1) (B) and (C) , and Rule 72(b) of the Federal Rule of Civil Procedure for report and recommendation. Report of the magistrate judge was filed on November 25, 2015, recommending plaintiff' s Motion for Summary Judgment be granted; defendant's Motion for Summary Dockets.Justia.com Judgment be denied; and that the final Commissioner be vacated and remanded. decision of the Acting 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 has received no objections to the magistrate judge's report and recommendation, The court and the time for filing same has expired. does recommendations set hereby forth adopt in the and approve report Magistrate Judge filed November 25, 2015. of the the findings United and States Accordingly, plaintiff's Motion for Summary Judgment is GRANTED; the defendant's Motion for Summary Judgment is DENIED; and the final decision of the Acting Commissioner is VACATED and this matter is hereby REMANDED to the Acting Commissioner for further proceedings consistent with the Magistrate's Report and Recommendation filed November 25, 2015. The Clerk shall forward a copy of this Remand Order to plaintiff and to counsel for defendant. Isl ^tibecca Beach Smith Chief Judge REBECCA BEACH CHIEF December m , lb . 2015 JUDGE SMITH
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