Smith v. Berryhill, No. 2:2016cv04843 - Document 18 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating the 17 Proposed Findings and Recommendation by Magistrate Judge; granting Plaintiff's 12 request for a remand; denying Defendant's 15 request to affirm the decision of the Commissioner; the decision of the Commissioner is reversed; this action is remanded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings which shall include an explanation of the opinions of the State agency medical and me ntal consultants and the reasons for the weight afforded to those opinions, and as more fully set forth in the magistrate judge's Proposed Findings and Recommendation. Signed by Judge John T. Copenhaver, Jr. on 8/25/2017. (cc: counsel of record; United States Magistrate Judge) (taq)
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Smith v. Berryhill Doc. 18 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON SHELLY MAEMARIE SMITH, Plaintiff, v. Civil Action No. 16-4843 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 August 7, 2017; and the magistrate judge having recommended that the court reverse the final decision of the Commissioner, grant plaintiff’s motion in Support of Judgment on the Pleadings to the extent it requests remand, deny the Commissioner’s motion in Support of the Defendant’s Decision, reverse the final decision of the Commissioner, remand this case for further proceedings, and dismiss this matter from the court’s docket; and no objection having been filed to the Proposed Findings and Recommendation, it is ORDERED that: Dockets.Justia.com 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; 2. Plaintiff’s request for a remand be, and it hereby is, granted; 3. Defendant’s request to affirm the decision of the Commissioner be, and it hereby is, denied; 4. The decision of the Commissioner be, and it hereby is, reversed; 5. This action be, and it hereby is, remanded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings which shall include an explanation of the opinions of the State agency medical and mental consultants and the reasons for the weight afforded to those opinions, and as more fully set forth in the magistrate judge’s Proposed Findings and Recommendation. 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: August 25,5, 2016 DATED: January 2017 John T. Copenhaver, Jr. United States District Judge
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