Di Biase v. Colvin

Di Biase v. Colvin

Plaintiff:	Patricia G. Di Biase
Defendant:	Carolyn W. Colvin
Case Number:	2:2015cv07708
Filed:	June 15, 2015
Court:	US District Court for the Southern District of West Virginia
Office:	Charleston Office
County:	Kanawha
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
September 9, 2016	Filing 10 MEMORANDUM OPINION AND ORDER adopting and incorporating the 9 Proposed Findings and Recommendation by Magistrate Judge; granting plaintiff's 7 motion for judgment on the pleadings to the extent it seeks reversal and remand; denying defen dant's 8 request to affirm the decision of the Commissioner; the decision of the Commissioner is reversed; this action is remanded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings which shall include considerati on of new evidence, entered into the record by the Appeals Council as Exhibits 19E, 13F, 14F, and 15F2, as it relates to the criteria for Listing 12.04 and the severity of the plaintiff's bipolar disorder, and as more fully set forth in the magistrate judge's Proposed Findings and Recommendation. Signed by Judge John T. Copenhaver, Jr. on 9/9/2016. (cc: counsel of record; United States Magistrate Judge) (taq)

Date Filed

Document Text

September 9, 2016

Filing 10 MEMORANDUM OPINION AND ORDER adopting and incorporating the 9 Proposed Findings and Recommendation by Magistrate Judge; granting plaintiff's 7 motion for judgment on the pleadings to the extent it seeks reversal and remand; denying defen dant's 8 request to affirm the decision of the Commissioner; the decision of the Commissioner is reversed; this action is remanded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings which shall include considerati on of new evidence, entered into the record by the Appeals Council as Exhibits 19E, 13F, 14F, and 15F2, as it relates to the criteria for Listing 12.04 and the severity of the plaintiff's bipolar disorder, and as more fully set forth in the magistrate judge's Proposed Findings and Recommendation. Signed by Judge John T. Copenhaver, Jr. on 9/9/2016. (cc: counsel of record; United States Magistrate Judge) (taq)

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Plaintiff: Patricia G. Di Biase
Represented By:	Jan Dils
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Defendant: Carolyn W. Colvin
Represented By:	Eric P. Kressman
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