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Covil v. Colvin

United States District Court, E.D. Virginia, Norfolk Division

March 4, 2015

ANGELA DENISE COVIL, Plaintiff,
v.
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.

ORDER

RAYMOND A. JACKSON, District Judge.

Before the Court is the Magistrate Judge's Reportand Recommendation on AngelaDenise Cavil's ("Plaintiff) action forjudicial reviewof 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 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 hasexpired.

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.


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