Davis v. Commissioner of Social Security Administration

Filing 30

ORDER RULING ON REPORT AND RECOMMENDATION adopting 26 Report and Recommendation, reversing the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) and remanding the action for further proceedings. Signed by Honorable Richard M. Gergel on 12/05/2016. (bshr, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Nancy L. Davis, Plaintiff, vs. ) ) ) ) ) Civil Action No.1 :16-102-RMG ) Carolyn W. Colvin, Acting Commissioner of Social Security, ) ) Defendant. ) ) ORDER ) This matter comes before the Court for judicial review of the final decision of the Commissioner of Social Security denying Plaintiffs application for Supplemental Security Income ("SSI"), 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 November 17, 2016 recommending that the decision of the Commissioner be reversed and remanded to the agency because of a flawed RFC assessment and a failure of the Appeals Council or any fact finder to weigh and reconcile new and material information submitted to the Appeals Council, as required under Meyer v. Astrue, 662 F.3d 700, 705 (4th Cir. 2011). (Dkt. No. 26 at 26-30). The Commissioner has filed a response to the Magistrate Judge's Report and Recommendation indicating that she will file no objections. (Dkt. No. 29), The Court has reviewed the Report and Recommendation 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 -1­ 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. United States District Judge Charleston, South Carolina December ~ 2016 -2­

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