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Haynes v. Berryhill

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION
Mar 21, 2017
CIVIL ACTION NO. 3:16-2781 (S.D.W. Va. Mar. 21, 2017)

Opinion

CIVIL ACTION NO. 3:16-2781

03-21-2017

REBECCA JEAN HAYNES, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, 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 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 Brief in Support of Claim (ECF No. 7) to the extent Plaintiff seeks remand pursuant to sentence four of 42 U.S.C. § 405(g), deny Defendant's Brief in Support of Defendant's Decision (ECF No. 8), reverse the final decision of the Commissioner, and remand this case for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g), and dismiss this matter from this Court's docket. 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 Brief in Support of Claim (ECF No. 7) to the extent Plaintiff seeks remand pursuant to sentence four of 42 U.S.C. § 405(g), DENIES Defendant's Brief in Support of Defendant's Decision (ECF No. 8), REVERSES the final decision of the Commissioner, and REMANDS this case for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g), and DISMISSES this matter from this Court's docket, 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: March 21, 2017

/s/_________

ROBERT C. CHAMBERS, CHIEF JUDGE


Summaries of

Haynes v. Berryhill

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION
Mar 21, 2017
CIVIL ACTION NO. 3:16-2781 (S.D.W. Va. Mar. 21, 2017)
Case details for

Haynes v. Berryhill

Case Details

Full title:REBECCA JEAN HAYNES, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner…

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

Date published: Mar 21, 2017

Citations

CIVIL ACTION NO. 3:16-2781 (S.D.W. Va. Mar. 21, 2017)