Richards v. Colvin

Filing 14

MEMORANDUM OPINION AND ORDER adopting the 13 Proposed Findings and Recommendations by Magistrate Judge; granting the Plaintiff's 10 request for remand; denying the defendant's 11 request to affirm the decision of the Commissioner; re versing the decision of the Commissioner and remanding this action for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Judge John T. Copenhaver, Jr. on 12/10/2015. (cc: counsel of record; any unrepresented parties; and the United States Magistrate Judge) (mmw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
RACHELLE LYNN RICHARDS,
Plaintiff,
v.

Civil Action No. 2:14-26508

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 October 7, 2015; and the magistrate judge
having recommended that the court grant plaintiff’s request for
a remand, deny defendant’s request to affirm the decision of the
Commissioner, reverse the final decision of the Commissioner,
remand this matter pursuant to sentence four of 42 U.S.C. §
405(g), and dismiss this matter from the court’s docket; and no
objection having been filed to the Proposed Findings and
Recommendation, it is ORDERED that:
1. The findings in the Proposed Findings and
Recommendation of the magistrate judge be, and they hereby are,
adopted by the court and incorporated herein;

2. The plaintiff’s request for remand be, and it
hereby is, granted;
3. The defendant’s request to affirm the decision of
the Commissioner be, and it hereby is, denied;
4. The decision of the Commissioner be, and it hereby
is, reversed; and
5. This action be, and it hereby is, remanded for
further proceedings, pursuant to sentence four of 42 U.S.C. §
405(g), which proceedings shall include an inquiry into the jobs
available to plaintiff given the frequency and length of extra
restroom breaks necessitated by her condition, and the
possibility that plaintiff is entitled to a closed period of
disability in view of her counsel’s comments that plaintiff’s
condition is likely to improve over time, 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, any
unrepresented parties, and the United States Magistrate Judge.
DATED: December 10, 2015

John T. Copenhaver, Jr.
United States District Judge

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