Schnurpel v. Colvin

Filing 14

ORDER accepting and incorporating the 13 Proposed Findings and Recommendation by Magistrate Judge; granting the plaintiff's 10 Motion for Judgment on the Pleadings to the extent that it requests remand; denying the Commissioner's [ 11] Motion for Judgment on the Pleadings; reversing the decision of the Commissioner; remanding this case pursuant to sentence four of 42 U.S.C. § 405(g); and dismissing with prejudice this matter from the court's docket. Signed by Judge Joseph R. Goodwin on 6/1/2017. (cc: counsel of record; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
MELVIN LLOYD SCHNURPEL, JR.,
Plaintiff,
v.

CIVIL ACTION NO. 2:16-cv-06042

NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.

ORDER
This action was referred to the Honorable Cheryl A. Eifert, United States
Magistrate Judge, for submission to this court of proposed findings of fact and
recommendations for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On April 17,
2017, the Magistrate Judge submitted her Proposed Findings and Recommendations
[ECF No. 13]. Neither party has filed objections to the Magistrate Judge’s proposed
findings and recommendations.
Accordingly, the court ACCEPTS and INCORPORATES herein the proposed
findings and recommendations of the Magistrate Judge. Consistent therewith, the
court GRANTS the plaintiff’s Motion for Judgment on the Pleadings [ECF No. 10] to
the extent that it requests remand; DENIES the Commissioner’s Motion for
Judgment on the Pleadings [ECF No. 11]; REVERSES the decision of the

Commissioner; REMANDS this case pursuant to sentence four of 42 U.S.C. § 405(g);
and DISMISSES with prejudice this matter from the court’s docket.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

June 1, 2017

_________________________________________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE

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