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Murphy v. Berryhill

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD
Oct 26, 2017
CIVIL CASE NO. 1:16-cv-11518 (S.D.W. Va. Oct. 26, 2017)

Opinion

CIVIL CASE NO. 1:16-cv-11518

10-26-2017

DEBORAH LYNN MURPHY, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.


MEMORANDUM OPINION AND ORDER

By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of findings and recommendations regarding disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). See ECF No. 4. Magistrate Judge Aboulhosn submitted his Proposed Findings and Recommendation ("PF&R") to the court on August 28, 2017, in which he recommended that the district court GRANT plaintiff's request to reverse the Commissioner's final decision only with respect to the period prior to the established onset of disability, November 28, 2013, (ECF No. 20), DENY defendant's request to affirm the decision of the Commissioner, (ECF No. 23), REVERSE the final decision of the Commissioner only with respect to the period prior to the established onset date of disability, November 28, 2013, and REMAND this action for further proceedings.

In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to the Magistrate Judge's PF&R. The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court. See Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). No party has filed any objections to the magistrate judge's PF&R.

Accordingly, the court adopts the factual and legal analysis contained within the PF&R; GRANTS plaintiff's request to reverse the Commissioner's final decision only with respect to the period prior to the established onset of disability, November 28, 2013, (ECF No. 20), DENIES defendant's request to affirm the decision of the Commissioner, (ECF No. 23), REVERSES the final decision of the Commissioner only with respect to the period prior to the established onset date of disability, November 28, 2013, and REMANDS this action for further proceedings.

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

It is SO ORDERED this 26th day of October, 2017.

ENTER:

/s/_________

David A. Faber

Senior United States District Judge


Summaries of

Murphy v. Berryhill

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD
Oct 26, 2017
CIVIL CASE NO. 1:16-cv-11518 (S.D.W. Va. Oct. 26, 2017)
Case details for

Murphy v. Berryhill

Case Details

Full title:DEBORAH LYNN MURPHY, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner…

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

Date published: Oct 26, 2017

Citations

CIVIL CASE NO. 1:16-cv-11518 (S.D.W. Va. Oct. 26, 2017)