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Ball v. Colvin

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION
Mar 6, 2014
CIVIL ACTION NO. 3:13-6069 (S.D.W. Va. Mar. 6, 2014)

Summary

finding that the ALJ properly discredited complaints of disabling Raynaud's symptoms where claimant kept smoking against medical advice

Summary of this case from Barksdale v. Colvin

Opinion

CIVIL ACTION NO. 3:13-6069

03-06-2014

MARY ANN BALL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.


MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations 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 deny Plaintiff's motion for judgment on the pleadings as articulated in her supporting memorandum (ECF No. 10), grant Defendant's motion for judgment on the pleadings (ECF No. 11), dismiss this action, with prejudice, and remove it from the docket of this Court. Neither party has filed objections to the Magistrate Judge's findings and recommendations.

Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Plaintiff's motion for judgment on the pleadings as articulated in her supporting memorandum (ECF No. 10), GRANTS Defendant's motion for judgment on the pleadings (ECF No. 11), DISMISSES this action, with prejudice, and REMOVES it from the docket of this Court, consistent with the findings and recommendations.

The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.

__________

ROBERT C. CHAMBERS, CHIEF JUDGE


Summaries of

Ball v. Colvin

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION
Mar 6, 2014
CIVIL ACTION NO. 3:13-6069 (S.D.W. Va. Mar. 6, 2014)

finding that the ALJ properly discredited complaints of disabling Raynaud's symptoms where claimant kept smoking against medical advice

Summary of this case from Barksdale v. Colvin
Case details for

Ball v. Colvin

Case Details

Full title:MARY ANN BALL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the…

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

Date published: Mar 6, 2014

Citations

CIVIL ACTION NO. 3:13-6069 (S.D.W. Va. Mar. 6, 2014)

Citing Cases

Barksdale v. Colvin

(R. 23-24, 252-54, 256, 263-66, 275-77.) See, e.g., Ball v. Colvin, No. 3:13-6069, 2014 WL 880879, at *9…