Hagerman et al v. Astrue, No. 3:2008cv00982 - Document 23 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the findings and recommendation of the Magistrate Judge. The Court grants the plaintiff's 19 motion for judgment on the pleadings, denies the like 20 motion of the defendant, and award s benefits in accordance with plaintiff's application and the provisions of the Social Security Act, as amended, with an onset date of 03/22/2003. Signed by Judge Robert C. Chambers on 2/18/2010. (cc: attys; any unrepresented party) (dcm) (Modified text to conform to filed document and to add links to #19 and #20 briefs on 2/19/2010) (skh).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION DONNA K. HAGERMAN, substituted as real party in interest for Dallas D. Hagerman (deceased), Plaintiff, v. CIVIL ACTION NO. 3:08-0982 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Maurice G. Taylor, Jr., United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition pursuant to 28 U.S.C. ยง 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the plaintiff s motion for judgment on the pleadings be granted, the like motion of the defendant be denied, and that benefits be awarded in accordance with Plaintiff s application and the provisions of the Social Security Act, as amended, with an onset date of March 22, 2003. Neither party has filed objections to the Magistrate Judge s findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and consistent with the findings and recommendation, GRANTS the plaintiff s motion for judgment on the pleadings, DENIES the like motion of the defendant, and AWARDS benefits in accordance with Plaintiff s application and the provisions of the Social Security Act, as amended, with an onset date of March 22, 2003. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: February 18, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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