Kinney v. Colvin

Filing 16

MEMORANDUM OPINION AND ORDER adopting and incorporating the 15 Proposed Findings and Recommendation of the Magistrate Judge; granting the plaintiff's 12 request for judgment on the pleadings, insofar as he requests remand to the Commiss ioner for further proceedings and otherwise denied; denying the Commissioner's request for 13 judgment on the pleadings; and directing that the decision of the Commissioner is reversed and this claim is remanded to the Commissioner for fur ther proceedings pursuant to the fourth sentence of 42 U.S.C.A. § 405(g), which proceedings shall include an analysis of the VA's disability rating under the framework set forth in Bird v. Commissioner of Social Security Administration, 699 F.3d 337 (4th Cir. 2012). Signed by Judge John T. Copenhaver, Jr. on 7/13/2015. (cc: counsel of record; any unrepresented parties) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
JEREMY EVAN KINNEY,
Plaintiff,
v.

Civil Action No. 2:14-13626

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

MEMORANDUM OPINION AND 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 the Proposed Findings and Recommendation (“PF&R”)
filed June 12, 2015, the magistrate judge 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”) decision failed to adequately consider a
disability rating promulgated by the Department of Veterans
Affairs (the “VA”).

Neither plaintiff nor the Commissioner have
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objected to the PF&R.
Having reviewed the matter de novo, it is ORDERED as
follows:
1.

That the PF&R 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 an analysis of the VA’s
disability rating under the framework set forth in
Bird v. Commissioner of Social Security
Administration, 699 F.3d 337 (4th Cir. 2012).

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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: July 13, 2015

John T. Copenhaver, Jr.
United States District Judge

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