Meadows v. Berryhill

Filing 13

MEMORANDUM OPINION AND ORDER adopting and incorporating herein the 12 Proposed Findings and Recommendations by Magistrate Judge, and GRANTS Plaintiff's 10 request for judgment on the pleadings, to the extent that it requests remand of the Commissioner's decision; DENIES Defendant's 11 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 fu rther administrative proceedings consistent with the Proposed Findings and Recommendations; and DISMISSES this action from the docket of the Court. Signed by Judge Robert C. Chambers on 5/3/2019. (cc: counsel of record; any unrepresented parties) (ts)

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

BEVERLY SUE MEADOWS,
Plaintiff,
v.

CIVIL ACTION NO. 2:18-0559

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

MEMORANDUM OPINION AND 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). The Magistrate Judge has submitted findings of fact and
recommended that the Court grant Plaintiff’s request for judgment on the pleadings (ECF No. 10),
to the extent that it requests remand of the Commissioner’s decision; deny Defendant’s request to
affirm the decision of the Commissioner (ECF No. 11); 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 Recommendations; and
dismiss this action from the docket of the Court. Neither party has filed objections to the Magistrate
Judge’s findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendations
of the Magistrate Judge and GRANTS Plaintiff’s request for judgment on the pleadings (ECF No.

10), to the extent that it requests remand of the Commissioner’s decision; DENIES Defendant’s
request to affirm the decision of the Commissioner (ECF No. 11); 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 Proposed Findings and Recommendations;
and DISMISSES this action from the docket of the Court.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented parties.
ENTER:

May 3, 2019

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

-2-