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Wendell v. Saul

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
Feb 13, 2020
CIVIL ACTION NO. 2:19-0301 (S.D.W. Va. Feb. 13, 2020)

Opinion

CIVIL ACTION NO. 2:19-0301

02-13-2020

MARVIN ELLIS WENDELL, Plaintiff, v. ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY, Defendant.


MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable Dwane L. Tinsley, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation 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 Claimant's request to reverse the Commissioner's decision (ECF No. 7), deny the Commissioner's request to affirm his decision (ECF No. 8), reverse the Commissioner's decision, and remand this matter to the Commissioner for an award of benefits. Neither party has filed objections to the Magistrate Judge's findings and recommendation.

Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and GRANTS Claimant's request to reverse the Commissioner's decision (ECF No. 7), DENIES the Commissioner's request to affirm his decision (ECF No. 8), REVERSES the Commissioner's decision, and REMANDS this matter to the Commissioner for an award of benefits, consistent with the findings and recommendation.

The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties.

ENTER: February 13, 2020

/s/_________

ROBERT C. CHAMBERS

UNITED STATES DISTRICT JUDGE


Summaries of

Wendell v. Saul

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
Feb 13, 2020
CIVIL ACTION NO. 2:19-0301 (S.D.W. Va. Feb. 13, 2020)
Case details for

Wendell v. Saul

Case Details

Full title:MARVIN ELLIS WENDELL, Plaintiff, v. ANDREW SAUL, COMMISSIONER OF SOCIAL…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

Date published: Feb 13, 2020

Citations

CIVIL ACTION NO. 2:19-0301 (S.D.W. Va. Feb. 13, 2020)