Womble v. Commissioner of Social Security Administration

Filing 15

ORDER RULING ON REPORT AND RECOMMENDATION adopting the 11 Report and Recommendation, reversing the decision of the Commissioner pursuant to Sentence Four of 42 U.S.C. § 405(g), and remanding the matter to the Commissioner for further proceedings. Signed by Honorable Richard M Gergel on 5/6/2016. (cwil, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Myra Michelle Womble,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration,
Defendant.

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Civil Action No.1 :15-3017-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. 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 March 22, 2016, recommending that the decision
of the Commissioner be reversed and remanded to the agency. (Dkt. No. 11). The Magistrate
Judge's recommendation is based on the Administrative Law Judge's ("ALJ") failure to properly
weigh and address the Plaintiff's 100% VA disability determination. 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. 13).
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 and correctly concluded that
the decision of the Commissioner should be reversed and remanded. Therefore, the Court
ADOPTS the Report and Recommendation as the order of this Court (Dkt.. No. 11),

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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.

United States District Judge

Charleston, South Carolina
May G, 2016

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