Looney v. Colvin

Filing 14

MEMORANDUM OPINION AND ORDER adopting 13 Proposed Findings and Recommendations; granting Plaintiff's request for a remand; denying Defendant's request to affirm the decision of the Commissioner; The decision of the Commissioner is reversed; this action is remanded pursuantto 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
CINDY LOONEY, O/B/O
MICHAEL ALLEN LOONEY,
Plaintiff,
v.

Civil Action No. 16-02052

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 9, 2016; and the magistrate judge
having recommended that the court reverse the final decision of
the Commissioner, grant plaintiff’s Brief 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 Brief 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
AT CHARLESTON
1. The findings made in the Proposed Findings and
THOMAS PARKER,
Recommendation of the magistrate judge be, and they hereby are,
Plaintiff,
adopted by the court and incorporated herein;
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; dates are hereby fixed as the time by or on which
following
certain events must occur:
01/28/2016
Motions under F.R. Civ. P. remanded pursuant
5. This action be, and it hereby is, 12(b), together with
supporting briefs, memoranda, affidavits, or other
to sentence four of suchU.S.C. § in support thereof. (All motions
42 matter 405(g), for further proceedings
unsupported by memoranda will be denied without
which shall include prejudice pursuant a medical advisor to (a)).
consultation with to L.R. Civ. P. 7.1
02/08/2016
determine the onset Last day claimant’s disabilities and a
date of for Rule 26(f) meeting.
02/15/2016
Last day to file Report of Parties= Planning
discussion as to whether claimant’s mental or physical
Meeting. See L.R. Civ. P. 16.1.
impairments are the reason for finding him to be disabled at the
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United fully Courthouse in Charleston, before
appropriate onset date, as more States set forth in the
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 Lastdirected serve F.R. Civ. P 26(a)(1) disclosures.
is day to to forward copies of this
03/08/2016
written opinion The Clerk is requested to of record this the
and order to all counsel transmit and Order and
Notice to all counsel of record and to any unrepresented
United States Magistrate Judge.
parties.
DATED: January 5, 2016
DATED: December 19, 2016
John T. Copenhaver, Jr.
United States District Judge