From Casetext: Smarter Legal Research

Elswick v. Colvin

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON
Sep 17, 2015
Civil Action No. 2:14-18358 (S.D.W. Va. Sep. 17, 2015)

Opinion

Civil Action No. 2:14-18358

09-17-2015

DAVID WAYNE ELSWICK, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.


MEMORANDUM OPINION AND ORDER

The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, entered on August 24, 2015; and the magistrate judge having recommended that the court reverse the final decision of the Commissioner, remand this matter pursuant to sentence four of 42 U.S.C. § 405(g), and dismiss this action from the docket of the court; and no objection having been filed to the Proposed Findings and Recommendation, it is ORDERED that:

1. The findings made in the Proposed Findings and Recommendation of the magistrate judge be, and hereby are, adopted by the court and incorporated herein;

2. The decision of the Commissioner be, and hereby is, reversed;

3. This action be, and it hereby is, remanded for further proceedings pursuant to the fourth sentence of 42 U.S.C.A. § 405(g), which proceedings shall include the ordering of a consultative examination regarding plaintiff's alleged mental impairments, all as discussed in the magistrate judge's Proposed Findings and Recommendation.

The Clerk is directed to forward copies of this written opinion and order to all counsel of record and the United States Magistrate Judge.

DATED: September 17, 2015

/s/_________

John T. Copenhaver, Jr.

United States District Judge


Summaries of

Elswick v. Colvin

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON
Sep 17, 2015
Civil Action No. 2:14-18358 (S.D.W. Va. Sep. 17, 2015)
Case details for

Elswick v. Colvin

Case Details

Full title:DAVID WAYNE ELSWICK, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON

Date published: Sep 17, 2015

Citations

Civil Action No. 2:14-18358 (S.D.W. Va. Sep. 17, 2015)