Kins v. Commissioner of Social Security et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION: The Court ORDERS that the Plaintiffs Motion for Summary Judgment [ECF 14 ] is GRANTED and the Commissioners Motion for Summary Judgment [ECF 17 ] is DENIED, with a remand of the case to the Commissioner fo r further proceedings consistent and in accord with the Report and Recommendation. Accordingly, this Court further ORDERS that this matter be DISMISSED WITH PREJUDICE and that it be STRICKEN FROM THE DOCKET OF THIS COURT. The Clerk is DIRECTED to enter judgment in favor of the Plaintiff. Signed by District Judge Gina M. Groh on 3/17/2015. (cmd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
WANDA IRENE KINS,
Plaintiff,
v.

CIVIL ACTION NO.: 3:14-CV-86
(JUDGE GROH)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the
Report and Recommendation (“R&R”) of United States Magistrate Judge Robert W.
Trumble [ECF 25], filed on February 27, 2015, to which neither party filed objections.
This Court is required to make a de novo review of those portions of the magistrate
judge’s findings to which objection is made. 28 U.S.C. § 636(b)(1)(C). However, failure
to file objections to the magistrate judge’s proposed findings and recommendation 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).
Pursuant to Judge Trumble’s R&R, as well as 28 U.S.C. § 636(b)(1)(C) and Federal
Rule of Civil Procedure 6(d), objections were due fourteen days plus three days after entry
of the R&R, or March 16, 2015. Because no objections have been filed, this Court reviews
the report and recommendation for clear error.
In this matter, Judge Trumble found that substantial evidence did not support the

ALJ’s residual functional capacity assessment or credibility determination and
recommended granting the Plaintiff’s Motion for Summary Judgment and remanding this
case for further proceedings.
Upon review of the above, it is the opinion of this Court that the Report and
Recommendation should be, and is, hereby ORDERED ADOPTED. For the reasons more
fully stated in the Report and Recommendation, this Court ORDERS that the Plaintiff’s
Motion for Summary Judgment [ECF 14] is GRANTED and the Commissioner’s Motion for
Summary Judgment [ECF 17] is DENIED, with a remand of the case to the Commissioner
for further proceedings consistent and in accord with the Report and Recommendation.
Accordingly, this Court further ORDERS that this matter be DISMISSED WITH
PREJUDICE and that it be STRICKEN FROM THE DOCKET OF THIS COURT. The Clerk
is DIRECTED to enter judgment in favor of the Plaintiff.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record.
DATED: March 17, 2015

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