Hicks v. Colvin

Filing 11

MEMORANDUM OPINION AND ORDER adopting and incorporating the 10 PROPOSED FINDINGS AND RECOMMENDATION; granting plaintiff's request for judgment on the pleadings insofar as he requests remand to the Commissioner for further proceedings and is o therwise denied; denying the Commissioner's request for judgment on the pleadings; reversing the decision of the Commissioner and remanding this claim for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). Signed by Judge John T. Copenhaver, Jr. on 3/19/2015. (cc: attys; any unrepresented parties) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

STEVEN MICHAEL HICKS,
Plaintiff,
v.

Civil Action No. 2:13-30426

CAROLYN W. COLVIN,
Acting Commissioner
of Social Security,
Defendant.

MEMORANDUM OPINION & ORDER

Pending are the parties’ respective requests for
judgment on the pleadings.

Plaintiff, in the alternative, seeks

remand for further proceedings before the Commissioner.

In his Proposed Findings and Recommendation (“PF&R”)
filed February 27, 2015, United States Magistrate Judge Dwane L.
Tinsley recommends that the court reverse the Commissioner’s
final decision and remand the claim for further proceedings
pursuant to the fourth sentence of 42 U.S.C. § 405(g).

The

magistrate judge offers a detailed analysis respecting why,
inter alia, the administrative law judge’s (“ALJ”) consideration
of a disability determination made by the Department of Veterans
Affairs was not consistent with governing law.
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Neither

plaintiff nor the Commissioner have objected to the PF&R.

Accordingly, it is ORDERED as follows:
1.

That the Proposed Findings and Recommendation be, and
it hereby is, adopted by the court and incorporated
herein;

2.

That plaintiff’s request for judgment on the pleadings
be, and it hereby is, granted insofar as he requests
remand to the Commissioner for further proceedings and
otherwise denied;

3.

That the Commissioner’s request for judgment on the
pleadings be, and it hereby is, denied; and

4.

That the decision of the Commissioner be, and it
hereby is, reversed and this claim is remanded to the
Commissioner for further proceedings pursuant to the
fourth sentence of 42 U.S.C.A. § 405(g), which
proceedings shall include consideration of, and
discussion by, the ALJ of the matters set forth in the
PF&R at pages 10 to 11.

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The Clerk is directed to forward copies of this
written opinion and order to all counsel of record and any
unrepresented parties.
DATED: March 19, 2015

John T. Copenhaver, Jr.
United States District Judge

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