Kovacik v. Berryhill

Filing 28

MEMORANDUM OPINION AND ORDER accepting and incorporating the 27 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; granting Claimant's 20 request for judgment on the pleadings to the extent that this matter be remanded back to the Commissioner; denying Defendant's 25 request to affirm the Administrative Law Judge'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 3/27/2018. (cc: counsel of record; any unrepresented parties) (jsa)

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

ARNOLD JASON KOVACIK,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-3620

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 Claimant’s request for judgment on the pleadings (ECF
No. 20) to the extent that this matter be remanded back to the Commissioner, deny Defendant’s
request to affirm the Administrative Law Judge’s decision (ECF No. 25), 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 for the
Administrative Law Judge to properly evaluate Dr. Mason’s opinion with respect to the functional
limitations caused by Claimant’s mental impairments, and specifically, how these affect his ability
to maintain concentration. Neither party has filed objections to the Magistrate Judge’s findings
and recommendations.

Consistent with the findings and recommendations, the Court accepts and incorporates
herein the findings and recommendations of the Magistrate Judge and GRANTS Claimant’s
request for judgment on the pleadings (ECF No. 20) to the extent that this matter be remanded
back to the Commissioner, DENIES Defendant’s request to affirm the Administrative Law
Judge’s decision (ECF No. 25), 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 for the Administrative Law Judge to
properly evaluate Dr. Mason’s opinion with respect to the functional limitations caused by
Claimant’s mental impairments, and specifically, how these affect his ability to maintain
concentration.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented parties.

ENTER:

March 27, 2018

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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