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Wedwick v. Colvin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION
Aug 7, 2015
CIVIL NO. 2:14cv267 (E.D. Va. Aug. 7, 2015)

Summary

considering unsteady gait as a reported symptom

Summary of this case from Kenyetta S. v. O'Malley

Opinion

CIVIL NO. 2:14cv267

08-07-2015

AMANDA BETH WEDWICK, Plaintiff v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.


ORDER

Pursuant to 28 U.S.C. 636(b)(1)(B) and (C), Federal Rule of Civil Procedure 72(b), Local Civil Rule 72, and the April 2, 2002, Standing Order on Assignment of Certain Matters to United States Magistrate Judges, this Court referred this matter to Magistrate Judge Tommy E. Miller. The parlies filed opposing Motions for Summary Judgment, and Judge Miller filed a Report and Recommendations ("R & R"), ECF No. 20, with respect to the parties' opposing motions, recommending that this Court vacate and remand the decision of Carolyn Colvin, Acting Commissioner of the Social Security Administration.

By copy of the R & R, each party was advised of the right to file written objections to the findings and recommendations made by the Magistrate Judge within fourteen (14) days from the dale the R & R was mailed. This Court has received no written objections or other response to the R & R from either party and the time for filing objections has expired.

When reviewing a Magistrate Judge's R & R, the Court must make a de novo determination of those portions of the R & R to which objections, if any, are made. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1)(C). The Court is authorized to accept, reject or modify, in whole or in part, the findings and recommendations made by the Magistrate Judge. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1)(C).

In the absence of any objections to the R & R from either party, the findings of fact and conclusions of law contained therein are hereby ADOPTED in their entirety. ECF No. 20. Plaintiff's Motion for Summary Judgment, ECF No. 10, and Motion to Remand. ECF No. 11, are GRANTED. Defendant's Motion for Summary Judgment is DENIED. ECF No. 13. Defendant's decision denying Plaintiff's claim for a period of disability and Disability Insurance Benefits and for Supplemental Security Income is hereby VACATED, and this mailer is REMANDED.

The Clerk is DIRECTED to enter judgment in favor of Plaintiff and to forward a copy of this Order to all Counsel of Record.

IT IS SO ORDERED.

/s/_________

Robert G. Doumar

Senior United States District Judge
Norfolk, VA
August 7, 2015


Summaries of

Wedwick v. Colvin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION
Aug 7, 2015
CIVIL NO. 2:14cv267 (E.D. Va. Aug. 7, 2015)

considering unsteady gait as a reported symptom

Summary of this case from Kenyetta S. v. O'Malley

noting that "a limitation in concentration, persistence and pace correlates to a limitation in ability to stay on task" and that whether a claimant can perform simple tasks "does not address [the claimant's] ability to stay on task for an entire day"

Summary of this case from Courtney L. v. Saul

remanding because the ALJ did not properly question the VE regarding the claimant's ability to stay on task due to limitations in concentration, persistence, and pace

Summary of this case from Rosado v. Berryhill

In Wedwick, this Court vacated and remanded a denial of benefits when the ALJ's hypothetical to the VE did not account for the plaintiff's "mood disorder [, which] caused [her] moderate difficulty regarding concentration, persistence, or pace."

Summary of this case from Kearson v. Colvin

noting that "a limitation in concentration, persistence and pace correlates to a limitation in ability to stay on task" and finding that the ALJ's failure to address the plaintiff's ability to stay on task for an entire day, despite a finding that the plaintiff was capable of simple tasks, requires remand

Summary of this case from Watson v. Colvin
Case details for

Wedwick v. Colvin

Case Details

Full title:AMANDA BETH WEDWICK, Plaintiff v. CAROLYN W. COLVIN, Acting Commissioner…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION

Date published: Aug 7, 2015

Citations

CIVIL NO. 2:14cv267 (E.D. Va. Aug. 7, 2015)

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