Rose v. Colvin

Filing 20

MEMORANDUM OPINION AND ORDER adopting the 19 Proposed Findings and Recommendation by Magistrate Judge; the plaintiff's 10 request for judgment on the pleadings is granted to the extent that it requests remand of the Commissioner' s decision; the Commissioner's 17 request to affirm the decision of the Commissioner is denied; the Commissioner's final decision is reversed; this action is remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the Proposed Findings and Recommendation; and dismissed from the docket. Signed by Judge John T. Copenhaver, Jr. on 12/19/2017. (cc: counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
BRANDI CHARLES ROSE,
Plaintiff,
v.

Civil Action No. 2:16-cv-12369

NANCY A. BERRYHILL, Acting
Commissioner of the Social
Security Administration,
Defendant.
MEMORANDUM OPINION AND ORDER
This action was previously referred to Cheryl A.
Eifert, United States Magistrate Judge, who has submitted her
Proposed Findings and Recommendation pursuant to the provisions
of 28 U.S.C. § 636(b)(1)(B).

The court has reviewed the Proposed Findings and
Recommendation entered by the magistrate judge on September 18,
2017.

The magistrate judge recommends that the court “grant

Plaintiff’s request for judgment on the pleadings, to the extent
that it requests remand of the Commissioner’s decision; deny
Defendant’s request to affirm the decision of the Commissioner;
reverse the final decision of the Commissioner; remand this
matter pursuant to sentence four of 42 U.S.C. § 405(g) for
further administrative proceedings consistent with [the Proposed
Findings and Recommendation]; and dismiss this action from the
docket of the [court].”

(ECF #19 at 27 (emphases and citations

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
omitted).)
THOMAS PARKER,

The Commissioner has not objected to the Proposed

Findings and Recommendation.
Plaintiff,
v.

Civil Action No. 15-14025
Accordingly, it is ORDERED that:

THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
an Employee Welfare Benefits Plan, Recommendations be, and hereby
1. The Proposed Findings and
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, and
is, adopted by the court;
DOES 1 THROUGH 10, inclusive,
2. The plaintiff’s request for judgment on the pleadings be,
Defendants.
and hereby is, granted, to the extent that it requests
ORDER AND NOTICE
remand of the Commissioner’s decision;
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the time by the on which of the
3. The Commissioner’s request to affirm or decision
certain events must occur:
01/28/2016 Commissionerunder and hereby P. 12(b), together with
Motions be, F.R. Civ. is, denied;
supporting briefs, memoranda, affidavits, or other
4. The such matter in support thereof. (All motions is,
Commissioner’s final decision be, and hereby
unsupported by memoranda will be denied without
reversed;
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
02/08/2016 ThisLast day be, and hereby is, remanded pursuant to
5.
action for Rule 26(f) meeting.
02/15/2016 sentence day to file U.S.C. §of Parties= Planning
Last four of 42 Report 405(g) for further
Meeting. See L.R. Civ. P. 16.1.
administrative proceedings consistent with the Proposed
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd and Recommendation; and
Findings United States Courthouse in Charleston, before
the undersigned, unless canceled. Lead counsel
6. Thisdirected be, appear.
action to and hereby is, dismissed from the docket.
02/29/2016
03/08/2016

Entry of scheduling order.
The Clerk is directed to forward copies of this
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.
ENTER: January 19, 2017
DATED: December 5, 2016
John T. Copenhaver, Jr.
United States District Judge
2