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)

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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

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