Hale v. Berryhill, No. 1:2017cv03856 - Document 20 (S.D.W. Va. 2018)

Court Description: MEMORANDUM OPINION AND ORDER: Given the defendant's motion to remand is uncontested, the court hereby VACATES the referral to Magistrate Judge Aboulhosn and orders as follows: defendant's 19 MOTION to Remand is GRANTED; the final decision of the Commissioner is REVERSED; the case is REMANDED to the Commissioner for further proceedings; and the Clerk is directed to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 1/11/2018. (cc: counsel of record and Magistrate Judge Aboulhosn)(arb)

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Hale v. Berryhill Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD ANDREA HALE, Plaintiff, v. CIVIL ACTION NO. 1:17-03856 NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Instead of filing a brief in support of the Commissioner’s decision, defendant filed a motion to remand this case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings as outlined in defendant’s motion to remand. Plaintiff consents to remand. Given that defendant’s motion to remand is uncontested, the court hereby VACATES the referral to Magistrate Judge Aboulhosn and orders as follows: 1. Defendant’s Motion to Remand is GRANTED; 2. The final decision of the Commissioner is REVERSED; 3. The case is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for Dockets.Justia.com further proceedings as outlined in the motion to remand; and 4. This Clerk is directed to remove this case from the court’s active docket. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to counsel of record and to Magistrate Judge Aboulhosn. IT IS SO ORDERED this 11th of January, 2018. ENTER: David A. Faber Senior United States District Judge 2

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