Kinney v. Colvin, No. 2:2014cv13626 - Document 16 (S.D.W. Va. 2015)
Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating the 15 Proposed Findings and Recommendation of the Magistrate Judge; granting the plaintiff's 12 request for judgment on the pleadings, insofar as he requests remand to the Commiss ioner for further proceedings and otherwise denied; denying the Commissioner's request for 13 judgment on the pleadings; and directing that the decision of the Commissioner is reversed and this claim is remanded to the Commissioner for fur ther proceedings pursuant to the fourth sentence of 42 U.S.C.A. § 405(g), which proceedings shall include an analysis of the VA's disability rating under the framework set forth in Bird v. Commissioner of Social Security Administration, 699 F.3d 337 (4th Cir. 2012). Signed by Judge John T. Copenhaver, Jr. on 7/13/2015. (cc: counsel of record; any unrepresented parties) (taq)
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Kinney v. Colvin Doc. 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON JEREMY EVAN KINNEY, Plaintiff, v. Civil Action No. 2:14-13626 CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER Pending are the parties’ respective requests for judgment on the pleadings. Plaintiff, in the alternative, seeks remand for further proceedings before the Commissioner. In the Proposed Findings and Recommendation (“PF&R”) filed June 12, 2015, the magistrate judge recommends that the court reverse the Commissioner’s final decision and remand the claim for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). The magistrate judge offers a detailed analysis respecting why, inter alia, the administrative law judge’s (“ALJ”) decision failed to adequately consider a disability rating promulgated by the Department of Veterans Affairs (the “VA”). Neither plaintiff nor the Commissioner have 1 Dockets.Justia.com objected to the PF&R. Having reviewed the matter de novo, it is ORDERED as follows: 1. That the PF&R be, and it hereby is, adopted by the court and incorporated herein; 2. That plaintiff’s request for judgment on the pleadings be, and it hereby is, granted insofar as he requests remand to the Commissioner for further proceedings and otherwise denied; 3. That the Commissioner’s request for judgment on the pleadings be, and it hereby is, denied; and 4. That the decision of the Commissioner be, and it hereby is, reversed and this claim is remanded to the Commissioner for further proceedings pursuant to the fourth sentence of 42 U.S.C.A. § 405(g), which proceedings shall include an analysis of the VA’s disability rating under the framework set forth in Bird v. Commissioner of Social Security Administration, 699 F.3d 337 (4th Cir. 2012). 2 The Clerk is directed to forward copies of this written opinion and order to all counsel of record and any unrepresented parties. DATED: July 13, 2015 John T. Copenhaver, Jr. United States District Judge 3
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