Watts v. Commissioner of Social Security Administration

Filing 18

ORDER RULING ON REPORT AND RECOMMENDATION adopting 14 Report and Recommendation, reversing the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) and remanding the matter further proceedings. Signed by Honorable Richard M. Gergel on 09/26/2017. (bshr, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Steven Watts, ) ) Plaintiff, ) ) vs. ) ) Nancy A. Berrryhill, Acting Commissioner ) of Social Security, ) ) Defendant. ) ) Civil Action No. 2: 17-127-RMG ORDER 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 September 12, 201 7, recommending that the decision of the Commissioner be reversed and remanded to the agency because of the apparent conflict between the testimony of the vocational expert and the DOT and the failure of any fact finder to weigh and reconcile the new and material medical evidence provided to the Appeals Council. (Dkt. No. 14 at 22-35). The Commissioner has advised the Court that she does not intend to file objections to the R & R. (Dkt. No. 15). 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 -1- 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. Charleston, South Carolina September "tiP, 2017 -2-

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