Powell v. Astrue

Filing 19

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 18 Amended Proposed Findings and Recommendation of Magistrate Judge R. Clarke VanDervort; GRANTS Plaintiff's 17 Brief in Support of the Complaint; DENIES Defendant's 15 Brief in Suppo rt of the Commissioner's Decision; REVERSES the final decision of the Commissioner and REMANDS the case to the Commissioner for further proceedings. The Clerk is directed to remove this case from the Court's active docket. Signed by Senior Judge David A. Faber on 9/17/2014. (cc: counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
MICHELLE LEE POWELL,
Plaintiff,
v.

CIVIL ACTION NO. 1:12-07781

CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge R. Clarke VanDervort for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge VanDervort submitted to

the court his Amended Proposed Findings and Recommendation
(“PF&R”) on August 28, 2014, in which he recommended that the
court grant plaintiff’s motion for judgment on the pleadings,*
deny defendant’s motion for judgment on the pleadings, reverse
the final decision of the Commissioner, remand the case to the
Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for
further proceedings as outlined in the PF&R, and dismiss this
matter from the court’s docket.

*

The parties actually filed briefs in support of their
respective positions and not motions for judgment on the
pleadings. However, Magistrate Judge VanDervort indicated that
he was construing the briefs as motions for judgment on the
pleadings.

In accordance with the provisions of 28 U.S.C. § 636(b),
plaintiff was allotted fourteen days and three mailing days in
which to file any objections to Magistrate Judge VanDervort's
Proposed Findings and Recommendation.

The failure of any party

to file such objections within the time allowed constitutes a
waiver of such party's right to a de novo review by this court.
Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989).
Neither party filed any objections to the Magistrate
Judge's Findings and Recommendations within the required time
period.

Accordingly, the court adopts the Findings and

Recommendations of Magistrate Judge VanDervort as follows:
1.

Plaintiff’s brief in support of the Complaint is
GRANTED;

2.

Defendant’s brief in support of the Commissioner’s
decision is DENIED;

3.

The final decision of the Commissioner is
REVERSED;

4.

The case is REMANDED to the Commissioner pursuant
to the fourth sentence of 42 U.S.C. § 405(g) for
further proceedings as outlined in the Proposed
Findings and Recommendation; and

5.

This Clerk is directed to remove this case from
the court’s active docket.

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The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to counsel of record.
IT IS SO ORDERED this 17th of September, 2014.
ENTER:

David A. Faber
Senior United States District Judge

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