Woyan v. Colvin, No. 3:2014cv16422 - Document 13 (S.D.W. Va. 2015)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 12 Proposed Findings and Recommendations by Magistrate Judge VanDervort; GRANTING Plaintiff's 10 Motion for Judgment on the Pleadings; DENYING Defendant's 11 Motion for Judg ment on the Pleadings; REVERSING the final decision of the Commissioner; REMANDING this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings to re-evaluate the opinion evidence of record relating to Claimant's mental impairments and to re-evaluate Claimant's credibility; and DISMISSING this matter from the Court's docket. Signed by Judge Robert C. Chambers on 9/21/2015. (cc: counsel of record; any unrepresented parties) (jsa)
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Woyan v. Colvin Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION DEBRA SUE WOYAN, Plaintiff, v. CIVIL ACTION NO. 3:14-16422 CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable R. Clarke VanDervort, 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 Plaintiff’s Motion for Judgment on the Pleadings (ECF No. 10), deny Defendant’s Motion for Judgment on the Pleadings (ECF No. 11), 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 to re-evaluate the opinion evidence of record relating to Claimant’s mental impairments and to re-evaluate Claimant’s credibility, and dismiss this matter from the Court’s docket. 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 Plaintiff’s Motion for Judgment on the Pleadings (ECF No. Dockets.Justia.com 10), DENIES Defendant’s Motion for Judgment on the Pleadings (ECF No. 11), 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 to re-evaluate the opinion evidence of record relating to Claimant’s mental impairments and to re-evaluate Claimant’s credibility, and DISMISSES this matter from the Court’s docket, consistent with the findings and recommendations. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: -2- September 21, 2015
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