From Casetext: Smarter Legal Research

James v. Colvin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
Sep 10, 2014
CIVIL NO. 3:13cv547-JRS (E.D. Va. Sep. 10, 2014)

Opinion

CIVIL NO. 3:13cv547-JRS

09-10-2014

JOHN JAMES, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.


FINAL ORDER

This matter is before the Court on the Report and Recommendation of the Magistrate Judge (R&R) entered on August 25, 2014 (ECF No. 15). The time to file objections has expired and neither party has objected to the R&R. Having considered the matter and deeming it otherwise proper and just to do so, it is hereby ORDERED:

(1) The Report and Recommendation (ECF No. 15) is ADOPTED as the opinion of this Court.



(2) Defendant's Motion for Summary Judgment (ECF No. 13) is DENIED.



(3) Plaintiff's Motion for Summary Judgment (ECF No. 9) is GRANTED.



(4) The final decision of the Commissioner is VACATED and REMANDED to the ALJ to address Plaintiff's use of a cane, as explained in the R&R.



(5) This case is CLOSED.

Let the Clerk of the Court send a copy of this Final Order to Plaintiff and all counsel of record.

It is so ORDERED. Richmond, Virginia
Date: 9-10-14

/s/_________

James R. Spencer

Senior U. S. District Judge


Summaries of

James v. Colvin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
Sep 10, 2014
CIVIL NO. 3:13cv547-JRS (E.D. Va. Sep. 10, 2014)
Case details for

James v. Colvin

Case Details

Full title:JOHN JAMES, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

Date published: Sep 10, 2014

Citations

CIVIL NO. 3:13cv547-JRS (E.D. Va. Sep. 10, 2014)

Citing Cases

Kimani v. Comm'r of Soc. Sec.

Plaintiff cites James v. Colvin for the proposition that “Courts have found that a[n] RFC formulated by an…