Moore v. Commissioner of Social Security Administration

Filing 22

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 action for further proceedings. Signed by Honorable Richard M. Gergel on 10/26/2018. (bshr, )

RECEIVED USOC

CLERK.CHARLESTON.SC
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA 2018 OCT

Stacy Renarda Moore,

26 AH II: 26

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Plaintiff,

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vs.
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Nancy A. Berrryhill, Acting Commissioner )
of Social Security,
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Defendant.
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Civil Action No. 1:17-2251-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
October 18, 2018, recommending that the decision of the Commissioner be reversed and
remanded to the agency because the Administrative Law Judge ("ALJ") utilized a flawed
credibility assessment and failed to comply with controlling regulations and Fourth Circuit
precedent in evaluating Plaintiffs credibility. (Dkt. No. 18 at 31-50). The Commissioner has
advised the Court that she does not intend to file objections to the R & R. (Dkt. No. 19).
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

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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
October d'..,, 2018

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