Wilcox v. Berryhill, No. 2:2016cv00227 - Document 19 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating the 18 Proposed Findings and Recommendation by Magistrate Judge; the decision of the Commissioner is reversed; granting the Commissioner's 17 Motion for remand; this action is re manded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings as outlined more fully in the Commissioner's unopposed motion for remand. Signed by Judge John T. Copenhaver, Jr. on 2/1/2017. (cc: counsel of record; United States Magistrate Judge) (taq)
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Wilcox v. Berryhill Doc. 19 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON TERESA RENE WILCOX, Plaintiff, v. Civil Action No. 16-0227 NANCY A. BERRYHILL, 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 Dwane L. Tinsley, entered on January 12, 2017; and the magistrate judge having recommended that the court grant the Commissioner’s unopposed motion for remand, and having further recommended that the court reverse the decision of the Commissioner, remand this matter pursuant to sentence four of 42 U.S.C. § 405(g), and dismiss this action 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; Dockets.Justia.com 2. The decision of the Commissioner be, and it hereby is, reversed; 3. The Commissioner’s unopposed motion for remand be, and it hereby is, granted; 4. This action be, and it hereby is, remanded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings as outlined more fully in the Commissioner’s unopposed motion for remand. 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: February 1, 2017 DATED: January 5, 2016 John T. Copenhaver, Jr. United States District Judge
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