Ashworth v. Colvin

Filing 19

MEMORANDUM OPINION AND ORDER accepting and incorporating the 18 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; granting Plaintiff's 15 Motion for Judgment on the Pleadings; denying Defendant's 16 Motion for Judgment on the Pleadings; reversing the final decision of the commissioner; and remanding this action from the docket of the Court. Signed by Judge Robert C. Chambers on 6/1/2017. (cc: counsel of record; any unrepresented parties) (jsa)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JERRY CLINTON ASHWORTH, Plaintiff, v. CIVIL ACTION NO. 3:16-10556 NANCY A. BERRYHILL, 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 request for judgment on the pleadings, deny Defendant’s request for judgment on the pleadings, reverse the final decision of the Commissioner, and remand this action back to the Commissioner. 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. 15), DENIES Defendant’s Motion for Judgment on the Pleadings (ECF No. 16), REVERSES the final decision of the commissioner, and REMANDS 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 1, 2017

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