Graham v. Colvin, No. 3:2014cv27280 - Document 15 (S.D.W. Va. 2015)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 14 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting Plaintiff's 8 Motion for Summary Judgment, insofar as it requests remand of the Commissioner's de cision; denying Defendant's request to affirm the 12 decision of the Commissioner; 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 consistent with the Proposed Findings and Recommendations; and dismissing this action from the docket of the Court. Signed by Judge Robert C. Chambers on 12/1/2015. (cc: counsel of record; any unrepresented parties) (jsa)
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Graham v. Colvin Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION KIMBERLY LETCHWORTH GRAHAM, Plaintiff, v. CIVIL ACTION NO. 3:14-27280 CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, 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 Summary Judgment (ECF No. 8), insofar as it requests remand of the Commissioner’s decision; deny Defendant’s request to affirm the decision of the Commissioner (ECF No. 12); 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 Proposed Findings and Recommendations; and dismiss this action from the docket of the Court. 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 Summary Judgment (ECF No. 8), Dockets.Justia.com insofar as it requests remand of the Commissioner’s decision; DENIES Defendant’s request to affirm the decision of the Commissioner (ECF No. 12); 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 Proposed Findings and Recommendations; and DISMISSES this action from the docket of the Court, 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- December 1, 2015
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