Harris v. Colvin

Filing 17

MEMORANDUM OPINION AND ORDER adopting the 16 Proposed Findings and Recommendation of the magistrate judge; the decision of the Commissioner is reversed; and the claim is remanded for further administrative proceedings, as directed and set forth more fully herein. Signed by Judge John T. Copenhaver, Jr. on 1/20/2015. (cc: attys; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
ROGER LEE HARRIS,
Plaintiff,
v.

Case No.: 2:13-28109

CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Cheryl A. Eifert,
entered on December 1, 2014; and the magistrate judge having
recommended that the court reverse the final decision of the
Commissioner and remand this matter pursuant to the fourth sentence
of 42 U.S.C. § 405(g); and no objection having been filed to the
Proposed Findings and Recommendation, it is ORDERED that:
1.

The findings made in the Proposed Findings and
Recommendation of the magistrate judge be, and hereby are,
adopted by the court and incorporated herein;

2.

The decision of the Commissioner be, and hereby is,
reversed;

3.

The claim is remanded for further administrative
proceedings to determine if plaintiff meets the diagnostic
description of mental retardation -- that is, whether he
has “significantly subaverage general intellectual
functioning with deficits in adaptive functioning
initially manifested during the developmental period,
i.e., the evidence demonstrates or supports onset of the
impairment before age 22.”
The Clerk is directed to forward copies of this written

opinion and order to all counsel of record and the United States
Magistrate Judge.
DATED:

January 20, 2015

John T. Copenhaver, Jr.
United States District Judge

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