Adams v. Colvin

Filing 16

MEMORANDUM OPINION AND ORDER The Court accepts and incorporates herein the 15 findings and recommendation of the Magistrate Judge; Grants Plaintiff's 11 Motion for Judgment on the Pleadings; Denies Defendant's 14 Motion for Judgment on the Pleadings; Reverses the final decision of the commissioner, and Remands this matter; Dismisses this action from the docket of the Court, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 6/26/2014. (cc: attys; any unrepresented party) (skm)

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

LITO FLORALDE ADAMS,
Plaintiff,
v.

CIVIL ACTION NO. 3:13-4896

CAROLYN W. COLVIN,
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 recommendation 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 Motion for Judgment on the Pleadings
(ECF No. 11), deny Defendant’s Motion for Judgment on the Pleadings (ECF No. 14), 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 in accordance with the findings and
recommendations herein, 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 recommendation
of the Magistrate Judge and GRANTS Plaintiff’s Motion for Judgment on the Pleadings (ECF
No. 11), DENIES Defendant’s Motion for Judgment on the Pleadings (ECF No. 14),

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 in accordance with
the findings and recommendations herein, and DISMISSES this action from the docket of the
Court, consistent with the findings and recommendations.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented parties.

ENTER:

2

June 26, 2014