Davenport v. Commissioner of Social Security

Filing 19

ORDER adopting 18 Report and Recommendations, denying 13 Motion for Judgment on the Pleadings filed by Commissioner of Social Security. Plaintiff Donna Davenport, on behalf of her minor child, D.W.P., filed this action seeking review of the final decision of Administrative Law Judge Brian W. Lemoine (the "ALJ"), denying Plaintiff supplemental security income benefits under the Social Security Act on the ground that D.W.P.'s impairments do not constitute a disabi lity. On October 14, 2014, the Commissioner moved for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure to affirm the ALJ's final decision. On October 22, 2014, Plaintiff opposed the Commissioner's motion. By a Report and Recommendation dated August 20, 2015 ("the Report"), Magistrate Judge Henry B. Pitman recommended that this Court deny the Commissioner's motion for judgment on the pleadings and remand the case for further pr oceedings pursuant to sentence four of 42 U.S.C. § 405(g). Neither party has objected to the Report. This Court has reviewed Magistrate Judge Pitman's thorough Report and finds that it is not facially erroneous. This Court affirms and adopt s it. Accordingly, the Commissioner's motion is denied, and this case is remanded for further administrative proceedings before the ALJ to develop the record in accord with the Report. The Clerk of the Court is directed to close this case. (Signed by Judge William H. Pauley, III on 9/22/2015) Copies Sent By Chambers. (mro)