Burge v. Colvin

Filing 16

ORDER granting 11 Motion to Reverse Decision of the Commissioner; denying 13 Motion to Affirm the Decision of the Commissioner; adopting 15 Report and Recommendations. So Ordered by Chief Judge William E. Smith on 2/1/2017. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
NANCY A. BERRYHILL[1], Acting
)
Commissioner of Social Security,
)
)
Defendant.
)
___________________________________)
JAMES BURGE,

C.A. No. 15-279 S

ORDER
WILLIAM E. SMITH, Chief Judge.
Magistrate Judge Patricia A. Sullivan filed a Report and
Recommendation
recommending

(R&R)
that

on

December

Plaintiff’s

7,

Motion

2016
for

(ECF

No.

Reversal

15),

of

the

Disability Determination of the Commissioner of Social Security
(ECF No. 11) be granted and that Defendant’s Motion for an Order
Affirming

the

Decision

denied.

Having

heard

of
no

the

Commissioner

objections

and

(ECF

No.

having

13)

be

carefully

reviewed Plaintiff’s Motion for Reversal of the Commissioner’s

1

Nancy A. Berryhill is now the Acting Commissioner of
Social Security. Pursuant to Rule 25(d) of the Federal Rules of
Civil Procedure, Nancy A. Berryhill has been substituted for
Acting Commissioner Carolyn W. Colvin as the defendant in this
action.

Decision,

Defendant’s

Motion

for

an

Order

Affirming

the

Commissioner’s Decision, and the R&R, the Court ACCEPTS the R&R
and

ADOPTS

the

recommendations

therein.

The

Commissioner’s

Decision is hereby REVERSED and the case is REMANDED to the
Commissioner for a rehearing consistent with the findings and
recommendations articulated in the R&R.
IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: February 1, 2017

2