McKinney v. Commissioner of Social Security

Filing 14

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION: It is ORDERED that the Magistrate Judge's 13 Report and Recommendation is ADOPTED; the Court DENIES Defendant's 11 Motion for Summary Judgment; GRANTS IN PART Plaintiff's 9 Motion for Judgment on the Pleadings; and REMANDS this case to the ALJ for reconsideration. Signed by District Judge Irene M. Keeley on 4/6/16. (cnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
KIMBERLY S. MCKINNEY,
Plaintiff,
v.

CIVIL ACTION NO. 1:15CV90
(Judge Keeley)

CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY ADMINISTRATION,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE’S
OPINION/REPORT AND RECOMMENDATION
On this day, the above-styled matter came before the Court for
consideration of the Report and Recommendation of United States
Magistrate James E. Seibert (“R&R”) (dkt. no. 13), dated February
19, 2016. Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is
required to make a de novo review of those portions of the
magistrate judge’s findings to which objection is made. However,
failure to file objections to the R&R permits the District Court to
review the recommendation under the standards that the District
Court believes are appropriate, and under these circumstances, the
parties’ right to de novo review is waived. See Webb v. Califano,
468 F.Supp. 825 (E.D. Cal. 1979). To date, no objections have been
filed. Accordingly, this Court will review the R&R for clear error.
Upon review of the R&R and the record, it is the opinion of
this Court that the Magistrate Judge’s Report and Recommendation

MCKINNEY V. COMMISSIONER OF SOCIAL SECURITY

1:15CV90

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
(dkt. no. 13) should be, and, is, hereby ORDERED ADOPTED for the
reasons more fully stated therein. Therefore, the Court
1.

DENIES the defendant’s motion for Summary Judgment (dkt.
no. 11); and

2.

GRANTS

in

PART

the

plaintiff’s

motion

for

Summary

Judgment (dkt. no. 9); and
3.

REMANDS

this

case

to

the

ALJ

for

reconsideration

consistent with the reasons stated in the R&R.
The Court directs the Clerk of Court to transmit copies of
this Order to counsel of record and to the appropriate agencies.
It is so ORDERED.
The Court directs the Clerk to transmit copies of this Order
to all counsel of record.
DATED: April 6, 2016.

/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

2