United States District Court, E.D. Virginia, Norfolk Division
January 6, 2015
SHIRLEY ANN MARTIN, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
REBECCA BEACH SMITH CHIEF UNITED STATES DISTRICT JUDGE
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 ("Acting Commissioner") denying plaintiff's claim for disability insurance benefits ("DIB"), under Title II of the Social Security Act.
On May 8, 2014, 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 Rules of Civil Procedure for report and recommendation. Report of the magistrate judge was filed on December 17, 2014, recommending plaintiff's Motion for Summary Judgment be denied, defendant's Motion for Summary Judgment be granted, and that the final decision of the Acting Commissioner be affirmed. 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, and the time for filing same has expired.
The court does hereby adopt and approve the findings and recommendations set forth in the report of the United States Magistrate Judge filed December 17, 2014. Accordingly, plaintiff's Motion for Summary Judgment is DENIED; defendant's Motion for Summary Judgment is GRANTED, and the final decision of the Acting Commissioner is AFFIRMED. Accordingly, the Clerk shall enter judgment for the defendant.
The Clerk shall forward a copy of this Final Order to counsel for plaintiff and defendant.