SPEER V. BERRYHILL

Filing 24

ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 09/26/2019, that the Commissioner's decision finding no disability is REVERSED, and that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Commissioner is directed to remand the matter to the ALJ for proceedings consistent with this Recommendation. To this extent, Defendant's Motion for Judgment on the Pleadings (Doc. 15 ) is DENIED, and Plaintiff' ;s Motion for a Judgment Reversing or Modifying the Decision of the Commissioner of Social Security or Remanding the Cause for a Rehearing (Doc. 10 ) is GRANTED. However, to the extent that Plaintiff's Motion seeks an immediate award of benefits, it is DENIED. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
DAVID A. SPEER,

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Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.

1:18CV276

ORDER
On August 27, 2019, the United States Magistrate Judge’s
Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636.
within

the

time

limit

Plaintiff filed objections (Doc. 22)

prescribed

by

Section

636,

and

the

objections

and

the

Commissioner has filed a response (Doc. 23).
The

court

has

reviewed

Plaintiff’s

Commissioner‘s response de novo and finds that they do not change
the

substance

of

the

United

States

Magistrate

Judge’s

Recommendation (Doc. 20), which is affirmed and adopted.
The court notes that the required analysis of the evidence
must be properly undertaken and explained by the ALJ in the first
instance, and an immediate award of benefits is not appropriate
here.

See, e.g., Radford v. Colvin, 734 F.3d 288, 295 (4th Cir.

2013) (holding that the “district court abused its discretion in
directing an award of benefits rather than remanding for further
explanation by the ALJ.”).

IT IS THEREFORE ORDERED that the Commissioner’s decision
finding no disability is REVERSED, and that the matter is REMANDED
to the Commissioner under sentence four of 42 U.S.C. § 405(g).
The Commissioner is directed to remand the matter to the ALJ for
proceedings consistent with this Recommendation.

To this extent,

Defendant’s Motion for Judgment on the Pleadings (Doc. 15) is
DENIED,

and

Plaintiff’s

Motion

for

a

Judgment

Reversing

or

Modifying the Decision of the Commissioner of Social Security or
Remanding the Cause for a Rehearing (Doc. 10) is GRANTED. However,
to the extent that Plaintiff’s Motion seeks an immediate award of
benefits, it is DENIED.

/s/
Thomas D. Schroeder
United States District Judge
September 26, 2019

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