Scritchfield v. O'Malley

Filing 12

MEMORANDUM OPINION AND ORDER accepting and incorporating the 11 Proposed Findings and Recommendations by Magistrate Judge Tinsley; granting Claimant's 7 request for remand; denying the Acting Commissioner's 8 request to affirm the fi nal decision; reversing the final decision of the Acting Commissioner; and remanding this matter back to the Acting Commissioner for further administrative proceedings. Signed by Judge Robert C. Chambers on 3/11/2025. (cc: counsel of record; any unrepresented parties) (jsa)

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

SUSAN S.,
Plaintiff,
v.

CIVIL ACTION NO. 3:24-0088

LELAND DUDEK,
Acting Commissioner of Social Security,1
Defendant.

MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Dwane L. Tinsley, United States Magistrate
Judge, for submission to this Court of proposed findings of fact and recommendation for
disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted Findings
of Fact and recommended that this Court grant Claimant’s request for remand (ECF No. 7), deny
the Acting Commissioner’s request to affirm the final decision (ECF No. 8), reverse the final
decision of the Acting Commissioner, and remand this matter back to the Acting Commissioner
pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further administrative proceedings. No
objections to the Magistrate Judge’s findings and recommendation have been filed.
Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and, consistent with the findings and recommendation, GRANTS

1

Leland Dudek became the Acting Commissioner of Social Security on February 16, 2025, and is
automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also Section 205(g) of the Social Security
Act, 42 U.S.C. § 405(g) (stating action survives regardless of any change in the person occupying the office of
Commissioner of Social Security).

Claimant’s request for remand (ECF No. 7), DENIES the Acting Commissioner’s request to affirm
the final decision (ECF No. 8), REVERSES the final decision of the Acting Commissioner, and
REMANDS this matter back to the Acting Commissioner pursuant to the fourth sentence of 42
U.S.C. § 405(g) for further administrative proceedings.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all
counsel of record, and any unrepresented parties.

ENTER:

March 11, 2025

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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