Riggs v. Colvin, No. 3:2016cv06641 - Document 18 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 17 Proposed Findings and Recommendation of the Magistrate Judge; GRANTING Claimant's 14 Motion for Judgment on the Pleadings to the extent that the ALJ did not comply with the two -step evaluation of Claimant's symptomology required by Craig v. Chater, DENYING Defendant's 15 Motion for Judgment on the Pleadings, REVERSING the final decision of the Commissioner, and REMANDING this matter back to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 1/25/2017. (cc: attys; any unrepresented parties) (mkw)

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Riggs v. Colvin Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TAMMY LEE RIGGS, Plaintiff, v. CIVIL ACTION NO. 3:16-6641 CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, 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 Claimant’s Motion for Judgment on the Pleadings (ECF No. 14) to the extent that the ALJ did not comply with the two-step evaluation of Claimant’s symptomology required by Craig v. Chater, deny Defendant’s Motion for Judgment on the Pleadings (ECF No. 15), 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 proceedings. 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 Motion for Judgment on the Pleadings (ECF Dockets.Justia.com No. 14) to the extent that the ALJ did not comply with the two-step evaluation of Claimant’s symptomology required by Craig v. Chater, DENIES Defendant’s Motion for Judgment on the Pleadings (ECF No. 15), 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 proceedings, 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- January 25, 2017

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