Collins v. Commissioner of Social Security Administration

Filing 23

ORDER RULING ON REPORT AND RECOMMENDATION adopting 20 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 05/03/2017. (bshr, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Sherry Collins, on behalf of Arlen Lester Collins, deceased, ) ) ) Plaintiff, ) Civil Action No.1: 16-2929-RMG ) vs. ) ) Commissioner of Social Security, ORDER ) ) Defendant. ) ) ) This matter comes before the Court for judicial review of the final decision of the Commissioner of Social Security denying Plaintiffs application for Disability Insurance Benefits ("DIB") and 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 (R & R) on March 9, 2017, recommending that the decision of the Commissioner be reversed and remanded to the agency. (Dkt. No. 20). The Commissioner has advised the Court that she does not intend to file objections to the R & R. (Dkt. No. 22). 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. -1­ AND IT IS SO ORDERED. United States District Judge Charleston, South Carolina May ,3.,2017 -2­

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