Nowlin et al v. Saul, No. 3:2019cv00173 - Document 18 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 17 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting Plaintiff's 15 Brief in Support of Judgment on the Pleadings, to the extent that it requests remand of the Commissioner's decision; denying Defendant's request to affirm the decision of the Commissioner in his 16 Brief in Support of Judgment 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 consistent with this Proposed Findings and Recommendations; and dismissing this action from the docket of the Court. Signed by Judge Robert C. Chambers on 11/13/2019. (cc: counsel of record; any unrepresented parties) (jsa)
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Nowlin et al v. Saul Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION RICK NOWLIN, o/b/o LINDA NOWLIN, Deceased, Plaintiff, v. CIVIL ACTION NO. 3:19-0173 ANDREW SAUL, COMMISSIONER OF THE SOCIAL SECURITY ADMISTRATION, 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 request for judgment on the pleadings (ECF No. 15), to the extent that it requests remand of the Commissioner’s decision; deny Defendant’s request to affirm the decision of the Commissioner (ECF No. 16); 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 this 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 request for judgment on the pleadings (ECF No. Dockets.Justia.com 15), to the extent that it requests remand of the Commissioner’s decision; DENIES Defendant’s request to affirm the decision of the Commissioner (ECF No. 16); 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 this Proposed Findings and Recommendations; and DISMISSES this action from the docket of the Court. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: November 13, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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