Thomas v. Saul, No. 3:2020cv00337 - Document 22 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 21 Proposed Findings and Recommendations by Magistrate Judge Dwane L. Tinsley; granting the Claimant's 13 request to reverse the Commissioner's decision; denying the Commissi oner's 17 request to affirm his decision; reversing the final decision of the Commissioner; and remanding this action for further proceedings. Signed by Judge Robert C. Chambers on 5/21/2021. (cc: counsel of record; any unrepresented parties) (hkl)

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Thomas v. Saul Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION NICOLE LEIGH THOMAS, Plaintiff, v. CIVIL ACTION NO. 3:20-0337 ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Dwane L. Tinsley, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation 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 request to reverse the Commissioner’s decision (ECF No. 13), deny the Commissioner’s request to affirm his decision (ECF No. 17), reverse the final decision of the Commissioner, and remand this action for further proceedings. Neither party has filed objections to the Magistrate Judge’s findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and GRANTS Claimant’s request to reverse the Commissioner’s decision (ECF No. 13), DENIES the Commissioner’s request to affirm his decision (ECF No. 17), REVERSES the final decision of the Commissioner, and REMANDS this action for further proceedings, consistent with the findings and recommendation. Dockets.Justia.com The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: May 21, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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