Adkins v. Berryhill
Filing
12
MEMORANDUM OPINION AND ORDER accepting and incorporating herein the 11 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; granting the Claimant's 9 Brief in Support of Judgment on the Pleadings; denying Defendant's [1 0] Brief in Support of Judgment on the Pleadings/Defendant's Decision; 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 8/30/2017. (cc: counsel of record; any unrepresented parties) (jsa)
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
TRENTON X. ADKINS,
Plaintiff,
v.
CIVIL ACTION NO. 3:17-1927
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 the Claimant’s request for judgment on the pleadings
(ECF No. 9), deny Defendant’s request to affirm the decision of the Commissioner (ECF No. 10),
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 in
order to determine whether Claimant had a severe impairment that significantly limited his ability
to perform basic work related activities for twelve consecutive months during the closed period.
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, consistent with the findings and recommendations, GRANTS the
Claimant’s request for judgment on the pleadings (ECF No. 9), DENIES Defendant’s request to
affirm the decision of the Commissioner (ECF No. 10), 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 in order to determine
whether Claimant had a severe impairment that significantly limited his ability to perform basic
work related activities for twelve consecutive months during the closed period.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented parties.
ENTER:
-2-
August 30, 2017
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