McLaughlin v. Colvin

McLaughlin v. Colvin

Plaintiff:	Connie Sue McLaughlin
Defendant:	Carolyn W. Colvin
Case Number:	2:2015cv12919
Filed:	September 8, 2015
Court:	US District Court for the Southern District of West Virginia
Office:	Charleston Office
County:	Clay
Presiding Judge:	Dwane L. Tinsley
Presiding Judge:	John T. Copenhaver
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
February 15, 2017	Filing 23 MEMORANDUM OPINION AND ORDER adopting and incorporating the 22 Proposed Findings and Recommendation by Magistrate Judge; granting plaintiff's 17 request for a remand; denying defendant's 20 request to affirm the decision of the Co mmissioner; and reversing the decision of the Commissioner; this action is remanded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings which shall include a discussion and evaluation of the conflicting opinion evidence b y the state agency psychological consultants and plaintiff's treating psychiatrist, as well as to provide analysis as to why plaintiff did not satisfy the criteria of Listing 12.02C, as more fully set forth in the magistrate judge's Proposed Findings and Recommendation. Signed by Judge John T. Copenhaver, Jr. on 2/15/2017. (cc: counsel of record; United States Magistrate Judge) (taq)

Date Filed

Document Text

February 15, 2017

Filing 23 MEMORANDUM OPINION AND ORDER adopting and incorporating the 22 Proposed Findings and Recommendation by Magistrate Judge; granting plaintiff's 17 request for a remand; denying defendant's 20 request to affirm the decision of the Co mmissioner; and reversing the decision of the Commissioner; this action is remanded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings which shall include a discussion and evaluation of the conflicting opinion evidence b y the state agency psychological consultants and plaintiff's treating psychiatrist, as well as to provide analysis as to why plaintiff did not satisfy the criteria of Listing 12.02C, as more fully set forth in the magistrate judge's Proposed Findings and Recommendation. Signed by Judge John T. Copenhaver, Jr. on 2/15/2017. (cc: counsel of record; United States Magistrate Judge) (taq)

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Plaintiff: Connie Sue McLaughlin
Represented By:	Michael G. Miskowiec
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Defendant: Carolyn W. Colvin
Represented By:	Eric P. Kressman
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