Long v. Saul

Full title: ROGER EDWARD LONG, Plaintiff, v. ANDREW SAUL, Commissioner of Social…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD

Date published: May 14, 2020

CIVIL ACTION NO. 1:19-00737 (S.D.W. Va. May. 14, 2020)

Opinion

CIVIL ACTION NO. 1:19-00737

05-14-2020

ROGER EDWARD LONG, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant.

David A. Faber Senior United States District Judge

MEMORANDUM OPINION AND ORDER

By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Proposed Findings and Recommendation ("PF&R") on April 6, 2020, in which he recommended that the court grant the plaintiff's motion for judgment on the pleadings to the extent he requests remand; deny defendant's request to affirm the Commissioner's decision; reverse the final decision of the Commissioner, remand the case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings as outlined in the PF&R; and dismiss this matter from the court's docket.

In accordance with the provisions of 28 U.S.C. § 636(b), plaintiff was allotted fourteen days and three mailing days in which to file any objections to Magistrate Judge Aboulhosn's Proposed Findings and Recommendation. The failure of any party to file such objections within the time allowed constitutes a waiver of such party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989).

Neither party filed any objections to the Magistrate Judge's Findings and Recommendations within the required time period. Accordingly, the court adopts the Findings and Recommendations of Magistrate Judge Tinsley as follows:

1. Plaintiff's Motion for Judgment on the Pleadings is GRANTED to the extent he seeks remand pursuant to sentence four of 42 U.S.C. § 405(g);

2. Defendant's Request to Affirm the Commissioner's Decision is DENIED;

3. The final decision of the Commissioner is REVERSED;

4. The case is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings as outlined in the Proposed Findings and Recommendation; and

5. This Clerk is directed to remove this case from the court's active docket.

The Clerk is directed to forward a copy of this Memorandum Opinion and Order to counsel of record.

IT IS SO ORDERED this 14th of May, 2020.

ENTER:

/s/_________

David A. Faber

Senior United States District Judge