Batten v. Colvin

Filing 14

MEMORANDUM OPINION AND ORDER adopting and incorporating the 13 Proposed Findings and Recommendation by Magistrate Judge; granting plaintiff's 8 request for a remand; denying defendant's 9 request to affirm the decision of the Comm issioner; the decision of the Commissioner is reversed; this action is remanded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings which shall include a discussion of why the finding in the RFC assessment that "wo rk environment should not consist of fast-paced production requirements" was omitted from the hypothetical posed to the vocational expert, as well as to explain why the finding by Dr. Spaulding of plaintiff's marked limitations in his ab ility to interact appropriately with supervisors, whose opinion was afforded great weight, need not be included in the RFC assessment, as more fully set forth in the magistrate judge's Proposed Findings and Recommendation. Signed by Judge John T. Copenhaver, Jr. on 12/30/2016. (cc: counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
CHRISTOPHER M. BATTEN,
Plaintiff,
v.

Civil Action No. 16-0997

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 December 7, 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 of why the finding in the RFC
assessment that “work environment should not consist of fastpaced production requirements” was omitted from the hypothetical
posed to the vocational expert, as well as to explain why the
finding by Dr. Spaulding of plaintiff’s marked limitations in
his ability to interact appropriately with supervisors, whose
opinion was afforded great weight, need not be included in the
RFC assessment, as more fully set forth in the magistrate
judge’s Proposed Findings and Recommendation.

02/22/2016

Scheduling conference at 4:30 p.m. at the Robert C.
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
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 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: December 30, 2016
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge