Allen v. Saul, No. 2:2019cv00097 - Document 21 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER The Court accepts and incorporates herein the 18 Findings and Recommendations of the Magistrate Judge and GRANTS Claimant's 14 request for judgment on the pleadings to the extent that the final decision be revers ed, DENIES Defendant's 17 request to affirm the decision of the Commissioner; REVERSES the final decision of the Commissioner, and REMANDS this matter back to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for furt her administrative proceedings in order for the Administrative Law Judge to properly consider and evaluate the evidence of record that supports an appropriate residual functional capacity assessment. Signed by Judge Robert C. Chambers on 9/13/2019. (cc: counsel of record; any unrepresented parties) (kew)
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Allen v. Saul Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION DAWNA ALLEN, Plaintiff, v. CIVIL ACTION NO. 2:19-00097 ANDERW SAUL, COMMISSIONER OF SOCIAL SECURITY, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court grant the Claimant’s request for judgment on the pleadings to the extent that the final decision be reversed (ECF No. 14), deny the Defendant’s request to affirm the decision of the Commissioner (ECF No. 17); reverse the final decision of the Commissioner, and remand this matter back to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further administrative proceedings in order for the Administrative Law Judge to properly consider and evaluate the evidence of record that supports an appropriate residual functional capacity assessment. Neither party has filed objections to the Magistrate Judge’s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and GRANTS Claimant’s request for judgment on the pleadings to the Dockets.Justia.com extent that the final decision be reversed (ECF No. 14), DENIES Defendant’s request to affirm the decision of the Commissioner (ECF No. 17); REVERSES the final decision of the Commissioner, and REMANDS this matter back to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further administrative proceedings in order for the Administrative Law Judge to properly consider and evaluate the evidence of record that supports an appropriate residual functional capacity assessment. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: September 13, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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