Nicholas v. Kijakazi, No. 3:2020cv00531 - Document 19 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 18 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting Plaintiff's request for judgment on the pleadings in his 15 MOTION for Judgment on the Pleadings and [ 16] Brief In Support of Judgment on the Pleadings, to the extent that it requests remand of the Commissioner's decision; denying Defendant's request to affirm the decision of the Commissioner in her 17 Brief In Support of Defendant's Decision; reversing the final decision of the Commissioner; remanding this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the PF&R; and dismissing this action from the docket of the Court. Signed by Judge Robert C. Chambers on 8/30/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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Nicholas v. Kijakazi Doc. 19 Case 3:20-cv-00531 Document 19 Filed 08/30/21 Page 1 of 2 PageID #: 1529 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION SHERMAN VOY NICHOLAS, JR., Plaintiff, v. CIVIL ACTION NO. 3:20-0531 KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted Findings of Fact and recommended that the Court grant Plaintiff’s request for judgment on the pleadings (ECF No. 15), to the extent that it requests remand of the Commissioner’s decision; deny Defendant’s request to affirm the decision of the Commissioner (ECF No. 17); reverse the final decision of the Commissioner; remand this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with this Proposed Findings and Recommendations; and dismiss this action from the docket of the Court. No objections to the Magistrate Judge’s findings and recommendations have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and GRANTS Plaintiff’s request for judgment on the pleadings (ECF No. Dockets.Justia.com Case 3:20-cv-00531 Document 19 Filed 08/30/21 Page 2 of 2 PageID #: 1530 15), to the extent that it requests remand of the Commissioner’s decision; DENIES Defendant’s request to affirm the decision of the Commissioner (ECF No. 17); REVERSES the final decision of the Commissioner; REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with this Proposed Findings and Recommendations; and DISMISSES this action from the docket of the Court, consistent with the findings and recommendations. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: August 30, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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