Thompson v. Berryhill

Filing 21

MEMORANDUM OPINION AND ORDER re: 20 Proposed Findings and Recommendation by Magistrate Judge; the Court GRANTS Plaintiff's 17 request for judgment on the pleadings, to the extent it seeks remand of the Commissioner's decision; DENI ES Defendant's 18 request to affirm the decision of the Commissioner; REVERSES the final decision of the Commissioner; REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the PF&R; DISMISSES the 2 Complaint; and DIRECTS the Clerk to remove this case from the Court's docket. Signed by Judge Thomas E. Johnston on 10/27/2017. (cc: counsel of record; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

ROBBIN LYNNE THOMPSON,
Plaintiff,
v.

CIVIL ACTION NO. 2:17-cv-01376

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

MEMORANDUM OPINION AND ORDER
Before the Court is Plaintiff Robbin Lynne Thompson’s Complaint seeking review of the
decision of the Acting Commissioner of Social Security, Nancy A. Berryhill (“Commissioner”).
(ECF No. 2.) By Standing Order filed in this case on February 27, 2017, this action was referred
to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings of fact
and recommendations for disposition (“PF&R”). (ECF No. 4.) Magistrate Judge Aboulhosn
filed his PF&R on September 15, 2017, recommending that this Court reverse the final decision
of the Commissioner, remand this matter pursuant to sentence four of 42 U.S.C. § 405(g), and
dismiss this action from the Court’s docket. (ECF No. 20.)
The Court is not required to review, under a de novo or any other standard, the factual or
legal conclusions of the magistrate judge as to those portions of the findings or recommendation
to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file
timely objections constitutes a waiver of de novo review and the Plaintiff’s right to appeal this

Court’s Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir.
1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Objections to the PF&R were
due on October 2, 2017. To date, no objections have been filed.
Accordingly, the Court GRANTS Plaintiff’s request for judgment on the pleadings, (ECF
No. 17), to the extent it seeks remand of the Commissioner’s decision, DENIES Defendant’s
request to affirm the decision of the Commissioner, (ECF No. 18), REVERSES the final decision
of the Commissioner, REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for
further administrative proceedings consistent with the PF&R, (ECF No. 20), DISMISSES the
Complaint, (ECF No. 2), and DIRECTS the Clerk to remove this case from the Court’s docket.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:

October 27, 2017