Littlejohn v. Commissioner of Social Security Administration

Filing 24

ORDER RULING ON REPORT AND RECOMMENDATION adopting 18 Report and Recommendation, reversing the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) and remanding the matter for further administrative proceedings. Signed by Honorable Richard M. Gergel on 04/28/2015. (bshr, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Charlotte Littlejohn,
Plaintiff,
vs.
Carolyn W. Colvin, Commissioner of
Social Security,
Defendant.

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Civil Action No.1: 14-2953-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 April 14, 2015 recommending that the decision of
the Commissioner be reversed and remanded to the agency. (Dkt. No. 18). The Magistrate Judge
concluded that the Administrative Law Judge ("ALI") failed to properly apply the standards for
SSR 12-2p, 2012 WL 3104869 (July 25,2012), relating to claims of disability arising from
fibromyalgia, and applied inappropriately the standards of the Treating Physician Rule, 20 C.F.R.

§ 404.1527, regarding the weighing of the opinions of Plaintiffs treating specialist physician, Dr.
Machimada. (ld at 24-37). The Commissioner has filed a reply to the R & R indicating that she
does not intend to file any objections to the recommendations of the Magistrate Judge. (Dkt. No.
22).

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The Court has reviewed the R & R and the record evidence and finds that the Magistrate
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 Gergel
United States District Judge

Charleston, South Carolina
April~, 2015

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