Hager v. Astrue, No. 2:2011cv00598 - Document 13 (S.D.W. Va. 2012)
Court Description: MEMORANDUM OPINION AND ORDER directing as follows: the 12 Proposed Findings and Recommendation by Magistrate Judge is adopted and incorporated herein; the decision of the Commissioner is reversed and this claim is remanded to the Commissioner pursuant to the fourth sentence of 42 U. S. C. A. § 405(g); and this case is dismissed from the court's docket. Signed by Judge John T. Copenhaver, Jr. on 6/12/2012. (cc: attys; Magistrate Judge) (cbo)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON LISA LYNN HAGER, Plaintiff v. Civil Action No.: 2:11-0598 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant MEMORANDUM OPINION AND ORDER The court has received the Proposed Findings and Recommendation (PF&R) of United States Magistrate Judge Mary E. Stanley, entered on May 15, 2012. The magistrate judge recommends that the court reverse the Commissioner s final decision, remand the claim pursuant to the fourth sentence of 42 U.S.C.A. § 405(g), and dismiss this matter from the court s docket. Specifically, the magistrate judge found that the administrative law judge below did not properly consider medical evidence added to the record after the state agency s review, and did not follow the applicable regulations and caselaw in evaluating the opinion of the claimant s treating physician. (PF&R 12-15). The magistrate judge did not consider the remaining arguments raised by claimant s counsel. These issues may also be appropriately raised on remand. Inasmuch as neither party has objected to the PF&R, and following a de novo review, the court concludes the recommended disposition is correct. It is, accordingly, ORDERED as follows: 1. That the PF&R be, and it hereby is, adopted by the court and incorporated herein; 2. That the decision of the Commissioner be, and it hereby is, reversed and this claim is remanded to the Commissioner pursuant to the fourth sentence of 42 U.S.C.A. § 405(g) for the purpose of considering the issues stated above and as more fully set forth in the magistrate judge s PF&R; and 3. That this case be, and it hereby is, dismissed from the court s docket. The Clerk is directed to forward copies of this written opinion and order to all counsel of record and the magistrate judge. DATED: June 12, 2012 John T. Copenhaver, Jr. United States District Judge 2
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