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)

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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

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