Tomblin v. Colvin

Filing 19

MEMORANDUM OPINION AND ORDER accepting and incorporating the 18 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; granting Claimant's 14 Motion for Judgment on the Pleadings, to the extent that the ALJ did not properly con sider the opinion evidence from Claimant's treating psychologist during the sequential evaluation process; denying Defendant's 17 Motion for Judgment on the Pleadings; reversing the final decision of the Commissioner; and remanding this matter back to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further administrative proceedings. Signed by Judge Robert C. Chambers on 4/5/2017. (cc: counsel of record; any unrepresented parties) (jsa)

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

MARK ALLEN TOMBLIN,
Plaintiff,
v.

CIVIL ACTION NO. 3:16-4255

NANCY A. BERRYHILL,1
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 Claimant’s Motion for Judgment on the Pleadings
(ECF No. 14), to the extent that the ALJ did not properly consider the opinion evidence from
Claimant’s treating psychologist during the sequential evaluation process, deny Defendant’s
Motion for Judgment on the Pleadings (ECF No. 17), reverse the final decision of the
Commissioner, and remand this matter back to the Commissioner pursuant to the fourth sentence
of 42 U.S.C. § 405(g) for further administrative proceedings. Neither party has filed objections
to the Magistrate Judge’s findings and recommendations.

1

At the time this civil action was filed, Carolyn W. Colvin was serving as the Acting Commissioner
of Social Security.

Accordingly, the Court accepts and incorporates herein the findings and recommendations
of the Magistrate Judge and GRANTS Claimant’s Motion for Judgment on the Pleadings (ECF
No. 14), to the extent that the ALJ did not properly consider the opinion evidence from Claimant’s
treating psychologist during the sequential evaluation process, DENIES Defendant’s Motion for
Judgment on the Pleadings (ECF No. 17), REVERSES the final decision of the Commissioner,
and REMANDS this matter back to the Commissioner pursuant to the fourth sentence of 42 U.S.C.
§ 405(g) for further administrative proceedings, 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-

April 5, 2017