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Ashworth v. Berryhill

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION
Jun 1, 2017
CIVIL ACTION NO. 3:16-10556 (S.D.W. Va. Jun. 1, 2017)

Opinion

CIVIL ACTION NO. 3:16-10556

06-01-2017

JERRY CLINTON ASHWORTH, Plaintiff, v. 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 Plaintiff's request for judgment on the pleadings, deny Defendant's request for judgment on the pleadings, reverse the final decision of the Commissioner, and remand this action back to the Commissioner. 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 Motion for Judgment on the Pleadings (ECF No. 15), DENIES Defendant's Motion for Judgment on the Pleadings (ECF No. 16), REVERSES the final decision of the commissioner, and REMANDS this action from the docket of the Court, 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: June 1, 2017

/s/

ROBERT C. CHAMBERS, CHIEF JUDGE


Summaries of

Ashworth v. Berryhill

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION
Jun 1, 2017
CIVIL ACTION NO. 3:16-10556 (S.D.W. Va. Jun. 1, 2017)
Case details for

Ashworth v. Berryhill

Case Details

Full title:JERRY CLINTON ASHWORTH, Plaintiff, v. NANCY A. BERRYHILL, Acting…

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

Date published: Jun 1, 2017

Citations

CIVIL ACTION NO. 3:16-10556 (S.D.W. Va. Jun. 1, 2017)