McCallister v. Berryhill

Filing 12

MEMORANDUM OPINION AND ORDER accepting and incorporating the 11 Proposed Findings and Recommendations by Magistrate Judge Cheryl A. Eifert; granting Plaintiff's 6 and 8 request for judgment on the pleadings to the extent that it requests r emand of the Commissioner's decision; denying Defendant's 7 request to affirm the decision of the Commissioner; reversing the final decisionof the Commissioner; remanding this matter pursuant to sentences four and six of 42 U.S.C. §40 5(g) for further administrative proceedings consistent with the Proposed Findings and Recommendations; and dismissing this action from the docket of the Court. Signed by Judge Robert C. Chambers on 12/19/2017. (cc: counsel of record; any unrepresented parties) (hkl)

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

SHAWN D. MCCALLISTER,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-0375

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 Nos. 6,
8), 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. 7); reverse the final decision of the
Commissioner; remand this matter pursuant to sentences four and six 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 Nos.

6, 8), 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. 7); REVERSES the final decision
of the Commissioner; REMANDS this matter pursuant to sentences four and six 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, 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:

December 19, 2017

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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