Dingess v. Colvin

Filing 12

MEMORANDUM OPINION AND ORDER adopting and incorporating the 11 Proposed Findings and Recommendations by Magistrate Judge, granting Plaintiff's request for remand, denying Defendant's request to affirm the decision of the Commissioner, r eversing the decision of the commissioner, and remanding this action pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings. Signed by Judge John T. Copenhaver, Jr. on 7/25/2016. (cc: counsel of record; United States Magistrate Judge) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
DAVIDA NICOLE DINGESS,
Plaintiff,
v.

Civil Action No. 15-9640

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 June 3, 2016; 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, with prejudice, 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 they hereby are,
adopted by the court and incorporated herein;
2. The Plaintiff’s request for a remand be, and it
hereby is, granted;

LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
Defendants.
3. The Defendant’s request to NOTICE the decision of
ORDER AND affirm
the Commissioner be, andto L.R. Civ. P. denied;it is ORDERED that the
Pursuant it hereby is, 16.1,
following dates are hereby fixed as the time by or on which
certain events must occur:
4. The decision of the Commissioner be, and it hereby
01/28/2016
Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
is, reversed;
such matter in support thereof. (All motions
unsupported by memoranda will be denied without
prejudice and it hereby is, remanded pursuant
5. This action be, pursuant to L.R. Civ. P. 7.1 (a)).
02/08/2016
to sentence four ofLast U.S.C. § Rule 26(f) meeting. proceedings
42 day for 405(g), for further
02/15/2016
Last day to file Report of Parties= Planning
to fully analyze and weigh the disability ratings decisions of
Meeting. See L.R. Civ. P. 16.1.
the Department of Veterans Affairs and their bases, pursuant to
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United 337 (4th Cir. 2012), as discussed
Bird v. Commissioner, 699 F.3d States Courthouse in Charleston, before
the undersigned, unless canceled. Lead counsel
directed to appear.
in the magistrate judge’s Proposed Findings and Recommendation.
02/29/2016

Entry of scheduling order.

The ClerkLast directedserve F.R. Civ. P 26(a)(1) disclosures.
is day to to forward copies of this
03/08/2016
written opinionThe Clerk is requested to transmit this Order and
and order to all counsel of record and the
Notice to all counsel of record and to any unrepresented
United States Magistrate Judge.
parties.
DATED: July 25, 5, 2016
January 2016
John T. Copenhaver, Jr.
United States District Judge