Cullum v. Saul, No. 2:2018cv01238 - Document 12 (S.D.W. Va. 2019)
Court Description: ORDER adopting and incorporating the 11 Proposed Findings and Recommendations by Magistrate Judge; granting the 8 Motion for Judgment on the Pleadings to the extent that it requests remand of the Commissioner's decision; denying the defenda nt's 9 Request to affirm the decision of the Commissioner; reverses the final decision of the commissioner; remands this matter and dismisses this case with prejudice, and removes it from the docket of the court. Signed by Judge Joseph R. Goodwin on 7/15/2019. (cc: attys; any unrepresented party, Magistrate Judge) (lca)
Download PDF
<![CDATA[
Cullum v. Saul Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ERIC KEVIN CULLUM, Plaintiff, v. CIVIL ACTION NO. 2:18-cv-01238 ANDREW SAUL, Commissioner of Social Security, Defendant. ORDER This action was referred to United States Magistrate Judge Cheryl A. Eifert for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On June 25, 2019, Magistrate Judge Eifert submitted her Proposed Findings of Fact and Recommendation [ECF No. 11] (“PF&R”), recommending the court grant the plaintiff’s motion for judgment on the pleadings [ECF No. 8] to the extent that it requests remand of the Commissioner’s decision pursuant to sentence four of 42 U.S.C. § 405(g); deny the defendant’s request to affirm the decision of the Commissioner [ECF No. 9]; reverse the final decision of the Commissioner; remand this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the PF&R; and dismiss the case, with prejudice, and remove it from the docket of the court. To date, no objections to Magistrate Judge Eifert’s PF&R have been filed, and the time period for the filing of objections has passed. Dockets.Justia.com Accordingly, the court ADOPTS and INCORPORATES herein the PF&R. For the reasons stated, the court GRANTS the plaintiff’s motion for judgment on the pleadings [ECF No. 8] to the extent that it requests remand of the Commissioner’s decision pursuant to sentence four of 42 U.S.C. § 405(g); DENIES the defendant’s request to affirm the decision of the Commissioner [ECF No. 9]; REVERSES the final decision of the Commissioner; REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the PF&R; and DISMISSES this case, with prejudice, and removes it from the docket of the court. The court DIRECTS the Clerk to send a copy of this Order to counsel of record, any unrepresented party, and the Magistrate Judge. ENTER: 2 July 15, 2019
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
