Ooten v. Colvin

Filing 16

MEMORANDUM OPINION AND ORDER accepting and incorporating the 15 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; GRANTING Plaintiff's 11 Motion for Judgment on the Pleadings; DENYING Defendant's 12 Motion for Judg ment on the Pleadings; REVERSING the final decision of the Commissioner; REMANDING this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings for further consideration of the opinion evidence of record; and DISMISSING this matter from the Court's docket. Signed by Judge Robert C. Chambers on 6/22/2016. (cc: counsel of record; any unrepresented parties) (jsa)

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

HARRY OOTEN,
Plaintiff,
v.

CIVIL ACTION NO. 3:15-6740

CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.

MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable Omar J. Aboulhosn, 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 Motion for Judgment on the Pleadings
(ECF No. 11), deny Defendant’s Motion for Judgment on the Pleadings (ECF No. 12), 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 for further consideration of the opinion evidence of
record, and dismiss this matter from the Court’s docket. 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 Motion for Judgment on the Pleadings (ECF No.
11), DENIES Defendant’s Motion for Judgment on the Pleadings (ECF No. 12), 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 for further consideration of the opinion evidence
of record, and DISMISSES this matter from the Court’s docket, 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:

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June 22, 2016