Williams v. Commissioner of Social Security Administration

Filing 24

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 proceedings. Signed by Honorable Richard M. Gergel on 08/07/2019. (bshr, )

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IN THE UNITED STATES DISTRICT cou'itfRit
DISTRICT OF SOUTH CAROLINA

Loretta J. Williams,
Plaintiff,
vs.
Andrew M. Saul, Commissioner
of Social Security,
Defendant.

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.LF~STOrl. SC

2019 AUG -8 AM 9: 02

Civil Action No. 1:18-464-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 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 July 19, 2019, recommending that the
decision of the Commissioner be reversed and remanded to the agency because (1) there is not
substantial evidence to support the Administrative Law Judge's finding that a restriction to
simple routine tasks adequately accommodated Plaintiffs moderate difficulties with
concentration, persistence, or pace; (2) there is not substantial evidence to support the
Administrative Law Judge's finding that the job restrictions adequately addressed Plaintiffs
moderate difficulties in social functioning; and (3) the Administrative Law Judge failed to
resolve the apparent conflict between the Vocational Expert's testimony and the DOT. (Dkt. No.
20 at 52-68). The Commissioner has advised the Court that he does not intend to file objections

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to the R & R. (Dkt. No. 21 ).
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.
AND IT IS SO ORDERED.

Charleston, South Carolina
August 1_, 2019

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