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Davis v. Colvin

United States District Court, N.D. West Virginia

September 7, 2017

TODD PATRICK DAVIS, Plaintiff,
v.
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.

         MEMORANDUM OPINION AND ORDER DECLINING TO AFFIRM AND ADOPT REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE IN ITS ENTIRETY, GRANTING THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING THE PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS

          FREDERICK P. STAMP, JR. UNITED STATES DISTRICT JUDGE

         I. Background

         On February 13, 2013, the plaintiff Todd Patrick Davis (“Davis”) protectively filed his first application under Title II of the Social Security Act for a period of disability and Disability Insurance Benefits (“DIB”) and under Title XVI of the Social Security Act for Supplemental Security Income (“SSI”). The plaintiff alleged disability that began on January 16, 2009, and December 20, 2010, later amended to December 31, 2010.

         This claim was initially denied on May 16, 2013, and denied again upon reconsideration on July 24, 2013. On July 21, 2014, the plaintiff filed a written request for a hearing, which was held before Administrative Law Judge (“ALJ”) Mary Peltzer on August 13, 2014, in Charlottesville, Virginia.

         On November 6, 2014, the ALJ issued an unfavorable decision to the plaintiff, finding that he was not disabled within the meaning of the Social Security Act. On February 19, 2016, the Appeals Council denied the plaintiff's request for review, making the ALJ's decision the final decision of the Commissioner.

         On April 18, 2016, the plaintiff filed a complaint to obtain judicial review of the final decision of the defendant, Acting Commissioner of Social Security Carolyn Colvin, [1] pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. §405(g). ECF No. 1.

         On June 20, 2016, the Commissioner filed an answer and the administrative record of the proceedings. ECF Nos. 6 and 7.

         On July 20, 2016, the plaintiff filed a motion for judgment on the pleadings (ECF No. 9) and on August 11, 2016, the Commissioner filed a motion for summary judgment (ECF No. 11).

         Following review of the motions by the parties and the administrative record, United States Magistrate Judge Michael John Aloi issued a report and recommendation on July 28, 2017. ECF No. 13. The magistrate judge recommended that “Plaintiff's Motion for Summary Judgment[2] (ECF No. 9) be granted, Defendant's Motion for Summary Judgment (ECF No. 11) be denied, and the decision of the Commissioner be vacated and that the case be remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.” ECF No. 13 at 13.

         The defendant then filed objections to the magistrate judge's report and recommendation on August 8, 2017. ECF No. 14. The plaintiff filed a response to the defendant's objections on August 22, 2017. ECF No. 15.

         II. Applicable Law

         Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court must conduct a de novo review of any portion of the magistrate judge's recommendation to which objection is timely made. As to those portions of a recommendation to which no objection is made, a magistrate judge's findings and recommendation will be upheld unless they are “clearly erroneous.” See Webb v. Califano, 458 F.Supp. 825 (E.D. Cal. 1979). Because the defendant filed objections, ...


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