Young v. Colvin, No. 2:2015cv06972 - Document 12 (S.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating the 11 Proposed Findings and Recommendations by Magistrate Judge, granting Plaintiff's request for remand, denying Defendant's request to affirm the decision of the Commissioner, re versing the decision of the commissioner, and remanding this action pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings. Signed by Judge John T. Copenhaver, Jr. on 7/25/2016. (cc: counsel of record; United States Magistrate Judge) (tmh)

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Young v. Colvin Doc. 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON JEFFREY WAYNE YOUNG, Plaintiff, v. Civil Action No. 15-6972 CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Cheryl A. Eifert, entered on April 21, 2016; and the magistrate judge having recommended that the court reverse the final decision of the Commissioner, remand this matter pursuant to sentence four of 42 U.S.C. § 405(g), and dismiss this action, with prejudice, from the docket of the court; and no objection having been filed to the Proposed Findings and Recommendation, it is ORDERED that: 1. The findings made in the Proposed Findings and Recommendation of the magistrate judge be, and they hereby are, adopted by the court and incorporated herein; 2. The Plaintiff’s request for a remand be, and it hereby is, granted; Dockets.Justia.com 3. The Defendant’s request to affirm the decision of the Commissioner be, and it hereby is, denied; 4. The decision of the Commissioner be, and it hereby is, reversed; 5. This action be, and it hereby is, remanded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings which shall include reconsideration of the evidence presented by Dr. Gajendragadkar concerning the sit/stand option, and as otherwise discussed in the magistrate judge’s Proposed Findings and Recommendation. The Clerk is directed to forward copies of this written opinion and order to all counsel of record and the United States Magistrate Judge. DATED: January 2016 DATED: July 25, 5, 2016 John T. Copenhaver, Jr. United States District Judge

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