Elswick v. Colvin

Filing 16

MEMORANDUM OPINION AND ORDER adopting the 15 Proposed Findings and Recommendations by Magistrate Judge, reversing the decision of the Commissioner, and remanding this action for further proceedings pursuant to the fourth sentence of 42 U.S.C. §405(g). Signed by Judge John T. Copenhaver, Jr. on 9/17/2015. (cc: counsel of record; United States Magistrate Judge) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
DAVID WAYNE ELSWICK,
Plaintiff,
v.

Civil Action No. 2:14-18358

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 Dwane L.
Tinsley, entered on August 24, 2015; and the magistrate judge
having recommended that the court reverse the final decision of
the Commissioner, remand this matter pursuant to sentence four
of 42 U.S.C. § 405(g), and dismiss this action from the docket
of the court; 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.
is, reversed;

The decision of the Commissioner be, and hereby

3.

This action be, and it hereby is, remanded for

further proceedings pursuant to the fourth sentence of 42
U.S.C.A. § 405(g), which proceedings shall include the ordering
of a consultative examination regarding plaintiff’s alleged
mental impairments, all as discussed in the magistrate judge’s
Proposed Findings and Recommendation.
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: September 17, 2015
John T. Copenhaver, Jr.
United States District Judge