Robinson v. Commissioner of Social Security Administration

Filing 20

ORDER: The Court ADOPTS the Report and Recommendation as the order of this Court, REVERSES the decision of the Commissioner pursuant to Sentence Four of 42 U.S.C. § 405(g), and REMANDS the matter to the Commissioner for further proceedings consistent with this order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/4/21.(ltap, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Starla Robinson,

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Plaintiff,
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vs.
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Andrew Saul, Commissioner
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of Social Security,
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Defendant.
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____________________________________)

Civil Action No. 0:20-1860-RMG

ORDER

This matter comes before the Court for judicial review of the final decision of the
Commissioner of Social Security denying Plaintiff’s application for Disability Insurance
Benefits (“DIB”). In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this
matter was referred to the United States Magistrate Judge for pretrial handling. The Magistrate
Judge issued a Report and Recommendation (“R & R”) on May 25, 2021, recommending that the
decision of the Commissioner be reversed and remanded to the agency because the
Administrative Law Judge’s evaluation of the opinions of the Plaintiff’s treating psychiatrist, Dr.
Burbage, was not supported by substantial evidence. (Dkt. No. 17 at 3-8). The Magistrate Judge,
citing to the regulations effective for claims filed after March 27, 2017, 20 C.F.R. § 404.1520c,
concluded that the ALJ’s evaluation cherry picked the evidence, failed to consider and reconcile
contrary evidence, and unreasonably relied on an isolated entry in the record of a non-specialist
physician on a single visit to discount the opinions of Plaintiff’s long serving specialist
physician. Id.

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The Commissioner has advised the Court that he does not intend to file objections to the R & R.
(Dkt. No. 18).
The Court ADOPTS the Report and Recommendation as the order of this Court,
REVERSES the decision of the Commissioner pursuant to Sentence Four of 42 U.S.C. § 405(g),
and REMANDS the matter to the Commissioner for further proceedings consistent with this
order.
AND IT IS SO ORDERED.

S/ Richard Mark Gergel
Richard Mark Gergel
United States District Judge
Charleston, South Carolina
June 4 , 2021

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