Griffin v. Commissioner of Social Security Administration

Filing 28

ORDER RULING ON REPORT AND RECOMMENDATION adopting 23 Report and Recommendation, reversing the decision of the Commissioner pursuant to 42 U.S.C. § 405(g) and remanding the action for further administrative proceedings. Signed by Honorable Richard M Gergel on 12/29/2014. (bshr, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Steve Randall Griffin,
Plaintiff,
vs.
Carolyn W. Colvin, Commissioner of
Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Civil Action No.1: 14-229-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 on December 2, 2014 recommending that the decision of the
Commissioner be reversed and remanded to the agency because of the failure of the
Administrative Law Judge to apply properly the provisions of the Treating Physician Rule, 20
C.F.R. § 404.1 527(c), to utilize the standards ofSSR 82-62 in evaluating the claimant's ability to
return to past relevant work, and to review and weigh material evidence submitted for the first
time to the Appeals Council, as mandated by Meyer v. Astrue, 662 F.3d 700 (4th Cir. 2011).
(Dkt. No. 23). The Commissioner has filed a response to the Magistrate Judge's Report and
Recommendation indicating that she will file no objections. (Dkt. No. 26). The Court has
reviewed the Report and Recommendation and the record evidence and finds that the Magistrate

-1­

Judge has ably addressed the factual and legal issues in this matter. Therefore, 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.

Richard Mark rgel
United States District Judge

Charleston, South Carolina
December~, 2014

-2­