Forquer v. Commissioner of Social Security

Justia Dockets & Filings Fourth Circuit West Virginia Northern District Forquer v. Commissioner of Social Security

Forquer v. Commissioner of Social Security

Plaintiff:	Mary Ann Forquer
Defendant:	Commissioner of Social Security
Case Number:	1:2015cv00057
Filed:	April 1, 2015
Court:	US District Court for the Northern District of West Virginia
Office:	Clarksburg Office
County:	Harrison
Presiding Judge:	John S. Kaull
Presiding Judge:	Irene M. Keeley
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
August 11, 2016	Filing 19 MEMORANDUM OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART THE MAGISTRATE JUDGES REPORT AND RECOMMENDATION 17 , REVERSING THE COMMISSIONERSDECISION UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) AND § 1383(c)(3), AND REMANDING THE CASE TO THE COMMISSIONER: The Court ADOPTS IN PART AND REJECTS INPART the R&R 17 , REVERSES the Commissioners decision, and REMANDS this case to the Commissioner for further proceedings in accord with this Memorandum Opinion and Order. The Court OVERR ULES Forquers objections as to the reopening and cognitive brain disorder claims 18 ; GRANTS IN PART the Commissioners motion for summary judgment regarding her cognitive brain disorder and reopening claims; SUSTAINS Forquers objections to the R&Rs findings as to her psychological opinion and credibility claims; GRANTS IN PART Forquers motion for summary judgment by REVERSING the Commissioners decision under sentence four of 42 U.S.C. 405(g); REMANDS Forquers psychological opinion and credibil ity claims to the Commissioner for further proceedings inaccord with this Memorandum Opinion and Order. The Court further DIRECTS that this case be STRICKEN from the active docket of this Court. The Court DIRECTS the Clerk of Court to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 8/11/16. (jss)

Date Filed

Document Text

August 11, 2016

Filing 19 MEMORANDUM OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART THE MAGISTRATE JUDGES REPORT AND RECOMMENDATION 17 , REVERSING THE COMMISSIONERSDECISION UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) AND § 1383(c)(3), AND REMANDING THE CASE TO THE COMMISSIONER: The Court ADOPTS IN PART AND REJECTS INPART the R&R 17 , REVERSES the Commissioners decision, and REMANDS this case to the Commissioner for further proceedings in accord with this Memorandum Opinion and Order. The Court OVERR ULES Forquers objections as to the reopening and cognitive brain disorder claims 18 ; GRANTS IN PART the Commissioners motion for summary judgment regarding her cognitive brain disorder and reopening claims; SUSTAINS Forquers objections to the R&Rs findings as to her psychological opinion and credibility claims; GRANTS IN PART Forquers motion for summary judgment by REVERSING the Commissioners decision under sentence four of 42 U.S.C. 405(g); REMANDS Forquers psychological opinion and credibil ity claims to the Commissioner for further proceedings inaccord with this Memorandum Opinion and Order. The Court further DIRECTS that this case be STRICKEN from the active docket of this Court. The Court DIRECTS the Clerk of Court to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 8/11/16. (jss)

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Plaintiff: Mary Ann Forquer
Represented By:	Brian D. Bailey
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Defendant: Commissioner of Social Security
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