Ricci v. Commissioner of Social Security, No. 2:2019cv00632 - Document 15 (E.D. Va. 2021)
Court Description: ORDER: The Court does hereby accept the findings and recommendations set forth in the report of the United States Magistrate Judge filed January 25, 2021, and it is, therefore ORDERED that Plaintiff's Motion for Summary Judgment is GRANTED a nd 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. Copies of this Order sent as DIRECTED on 2.12.21. Signed by District Judge Raymond A. Jackson and filed on 2/12/2021. (epri, )
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Ricci v. Commissioner of Social Security Doc. 15 `IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division LINDA H. R., Plaintiff, v. CIVIL ACTION NO. 2:19cv632 ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ORDER Before the Court is the Magistrate Judge’s Report and Recommendation on Linda H. R.’s (“Plaintiff”) action for judicial review of the final decision of the Commissioner of Social Security (“Defendant”) denying Plaintiff’s claim for disability and disability insurance benefits. On January 29, 2020, 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 February 24, 2020, Plaintiff filed a Motion for Summary Judgment and accompanying memorandum. (ECF Nos. 9). On April 22, 2020, the Commissioner filed a cross-Motion for Summary Judgment and Memorandum in Support. (ECF Nos. 11 and 12). On May 6, 2020, the Plaintiff filed a Reply to the Cross Motion for Summary Judgment. (ECF Nos. 13). On January 25, 2021, the Magistrate Judge filed his report recommending that Plaintiff’s Motion for Summary Judgment be GRANTED, that Defendant’s Motion for Summary Judgment be DENIED, and the Commissioner’s final decision be Dockets.Justia.com VACATED and REMANDED. 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 does hereby accept the findings and recommendations set forth in the report of the United States Magistrate Judge filed January 25, 2021, and it is, therefore ORDERED that Plaintiff’s Motion for Summary Judgment is GRANTED and 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, Virginia February 12, 2021 BBBBBBBBBBBBBBBBBBBBBBBBB 8QLWHG 6WDWHV 'LVWULFW -XGJH
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