Anderson v. Colvin

Filing 15

MEMORANDUM OPINION AND ORDER adopting 14 Proposed Findings and Recommendations; granting Plaintiff's request for remand; denying Defendant's request to affirm; the decision of the Commissioner is reversed; This action is remanded pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Judge John T. Copenhaver, Jr. on 12/19/2016. (cc: attys; Mag. Judge) (tmr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
WENDELL COREY ANDERSON,
Plaintiff,
v.

Civil Action No. 15-13834

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 Omar J.
Aboulhosn, entered on November 2, 2016; 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:

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. Plaintiff’s request for a remand be, and it hereby
is, granted;
3. 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;
5. This action be, and it hereby 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 by the state agency psychological
consultants and plaintiff’s treating psychologists, as well as
further explanation as to what evidence supported the
Commissioner’s ultimate conclusions, particularly with respect
to the RFC assessment, as more fully set forth in the magistrate
judge’s Proposed Findings and Recommendation.

Byrd United States Courthouse in Charleston, before
the undersigned, unless canceled. Lead counsel
directed to appear.
02/29/2016

Entry of scheduling order.

The Clerk is directed to forward copies of this disclosures.
03/08/2016
Last day to serve F.R. Civ. P 26(a)(1)
written opinion and order to all counsel of record and the
The Clerk is requested to transmit this Order and
United Notice to all counsel of record and to any unrepresented
States Magistrate Judge.
parties.
DATED: December 19, 2016
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge