Adkins v. Berryhill, No. 3:2017cv01927 - Document 12 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating herein the 11 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; granting the Claimant's 9 Brief in Support of Judgment on the Pleadings; denying Defendant's [1 0] Brief in Support of Judgment on the Pleadings/Defendant's Decision; 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 administrative proceedings. Signed by Judge Robert C. Chambers on 8/30/2017. (cc: counsel of record; any unrepresented parties) (jsa)
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Adkins v. Berryhill Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TRENTON X. ADKINS, Plaintiff, v. CIVIL ACTION NO. 3:17-1927 NANCY A. BERRYHILL, 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 the Claimant’s request for judgment on the pleadings (ECF No. 9), deny Defendant’s request to affirm the decision of the Commissioner (ECF No. 10), 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 to determine whether Claimant had a severe impairment that significantly limited his ability to perform basic work related activities for twelve consecutive months during the closed period. 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, consistent with the findings and recommendations, GRANTS the Dockets.Justia.com Claimant’s request for judgment on the pleadings (ECF No. 9), DENIES Defendant’s request to affirm the decision of the Commissioner (ECF No. 10), 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 to determine whether Claimant had a severe impairment that significantly limited his ability to perform basic work related activities for twelve consecutive months during the closed period. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: -2- August 30, 2017
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