Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
DAWNA ALLEN,
Plaintiff,
v. CIVIL ACTION NO. 2:19-00097
ANDERW SAUL,
COMMISSIONER OF SOCIAL SECURITY,
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 the Claimant’s request for judgment on the pleadings
to the extent that the final decision be reversed (ECF No. 14), deny the Defendant’s request to
affirm the decision of the Commissioner (ECF No. 17); reverse the final decision of the
Commissioner, and remand this matter back to the Commissioner pursuant to the fourth sentence
of 42 U.S.C. § 405(g) for further administrative proceedings in order for the Administrative Law
Judge to properly consider and evaluate the evidence of record that supports an appropriate residual
functional capacity assessment. 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 Claimant’s request for judgment on the pleadings to the
ROBERT C. CHAMBERSUNITED STATES DISTRICT JUDGE extent that the final decision be reversed (ECF No. 14), DENIES Defendant’s request to affirm
the decision of the Commissioner (ECF No. 17); REVERSES the final decision of the
Commissioner, and REMANDS this matter back to the Commissioner pursuant to the fourth
sentence of 42 U.S.C. § 405(g) for further administrative proceedings in order for the
Administrative Law Judge to properly consider and evaluate the evidence of record that supports
an appropriate residual functional capacity assessment.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties.
ENTER: September 13, 2019 -2-
