McLaughlin v. Colvin

Filing 23

MEMORANDUM OPINION AND ORDER adopting and incorporating the 22 Proposed Findings and Recommendation by Magistrate Judge; granting plaintiff's 17 request for a remand; denying defendant's 20 request to affirm the decision of the Co mmissioner; and reversing the decision of the Commissioner; this action is remanded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings which shall include a discussion and evaluation of the conflicting opinion evidence b y the state agency psychological consultants and plaintiff's treating psychiatrist, as well as to provide analysis as to why plaintiff did not satisfy the criteria of Listing 12.02C, as more fully set forth in the magistrate judge's Proposed Findings and Recommendation. Signed by Judge John T. Copenhaver, Jr. on 2/15/2017. (cc: counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
CONNIE SUE McLAUGHLIN
Plaintiff,
v.

Civil Action No. 15-12919

NANCY A. BERRYHILL,
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 January 24, 2017; and the magistrate judge
having recommended that the court reverse the final decision of
the Commissioner, grant plaintiff’s motion in Support of
Judgment on the Pleadings to the extent it requests remand; and
the magistrate judge having further recommended that the court
deny the Commissioner’s motion in Support of the Defendant’s
Decision, reverse the final decision of the Commissioner, remand
this case for further proceedings, 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:

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
1. The findings made in the Proposed Findings and
AT CHARLESTON
Recommendation of the magistrate judge be, and they hereby are,
THOMAS PARKER,
adopted by the court and incorporated herein;
Plaintiff,
v.

Civil Action No. 15-14025
2. Plaintiff’s request for a remand be, and it hereby
THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
is, granted;
an Employee Welfare Benefits Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, and
DOES 3. THROUGH 10, inclusive, affirm the decision of the
1 Defendant’s request to
Commissioner be, and it hereby is, denied;
Defendants.
ORDER AND NOTICE
4. The decision of the Commissioner be, and it hereby
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
is, reversed;
following dates are hereby fixed as the time by or on which
certain events must occur:
5. This action be, and it hereby is, 12(b), together with
01/28/2016
Motions under F.R. Civ. P. remanded pursuant
supporting briefs, memoranda, affidavits, or other
to sentence four of such matter in support thereof. (All motions
42 U.S.C. § 405(g), for further proceedings
unsupported by memoranda will be denied without
which shall include prejudice pursuant to L.R. Civ. the 7.1 (a)).
a discussion and evaluation of P.
02/08/2016
conflicting opinion Last day for the state agency psychological
evidence by Rule 26(f) meeting.
02/15/2016
Last day to file Report of Parties= Planning
consultants and plaintiff’s treating psychiatrist, as well as to
Meeting. See L.R. Civ. P. 16.1.
provide analysis as
02/22/2016
criteria of Listing

to why plaintiff did not satisfy the
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United more fully set forth in the
12.02C, as States Courthouse in Charleston, before
the undersigned, unless canceled. Lead counsel
directed to appear.
magistrate judge’s Proposed Findings and Recommendation.
02/29/2016

Entry of scheduling order.

The Clerk Last day to serve F.R. Civ. P 26(a)(1) disclosures.
is directed to forward copies of this
03/08/2016
written opinion and order to all counsel of record and the
The Clerk is requested to transmit this Order and
United States Magistrate Judge.
Notice to all counsel of record and to any unrepresented
parties.
DATED: February 15, 2016
DATED: January 5, 2017
John T. Copenhaver, Jr.
United States District Judge