Moss v. Colvin

Filing 16

MEMORANDUM OPINION AND ORDER adopting and incorporating the 15 Proposed Findings and Recommendations by Magistrate Judge; granting Bobby Wayne Moss's 12 motion for judgment on the pleadings, to the extent that it requests remand of the Com missioner's decision; denying the Commissioner's 13 request to affirm her decision; and the decision of the Commissioner is reversed. Signed by Judge John T. Copenhaver, Jr. on 8/17/2016. (cc: counsel of record; any unrepresented parties) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
BOBBY WAYNE MOSS,
Plaintiff,
v.

Civil Action No. 15-13160

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 July 28, 2016; and the magistrate judge
having recommended that the court grant plaintiff Bobby Wayne
Moss’s motion for judgment on the pleadings, to the extent that
it requests remand of the Commissioner’s decision, deny the
Commissioner’s request to affirm her decision, reverse the final
decision of the Commissioner, and remand this matter pursuant to
sentence four of 42 U.S.C. § 405(g) for further proceedings; and
no objection having been filed to the Proposed Findings and
Recommendation, it is ORDERED that:
1.

The Proposed Findings and Recommendation be, and they

1

THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
an Employee Welfare Benefits Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
Defendants.
hereby are, adopted by the court and incorporated
herein;

ORDER AND NOTICE

Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the time by or on which
2.
Plaintiff Bobby Wayne Moss’s motion for judgment on
certain events must occur:
pleadings, to the Civ. that it together with
01/28/2016 the Motions under F.R. extentP. 12(b), requests remand
supporting briefs, memoranda, affidavits, or other
of the Commissioner’s decision be, and itmotions is,
such matter in support thereof. (All hereby
unsupported by memoranda will be denied without
granted;
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
02/08/2016
Last day for Rule 26(f) meeting.
3.
The Commissioner’s request to affirm her decision be,
02/15/2016
Last day to file Report of Parties= Planning
and Meeting. See L.R. Civ. P. 16.1.
it hereby is, denied; and
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
4.
The Byrd United States Courthouse be, Charleston, before
decision of the Commissioner in and it hereby is,
the undersigned, unless canceled. Lead counsel
directed to appear.
reversed.
02/29/2016

Entry of scheduling order.
The Clerk is directed to forward copies of this
03/08/2016
Last day to serve F.R. Civ. P 26(a)(1) disclosures.
written opinion and order to all counsel of record and any
The Clerk is requested to transmit this Order and
unrepresented parties.
Notice to all counsel of record and to any unrepresented
parties.
DATED:
DATED:

August 17, 2016
January 5, 2016

John T. Copenhaver, Jr.
United States District Judge

2