Stewart v. Commissioner of Social Security Administration

Filing 22

ORDER adopting the 18 Report and Recommendation, reversing the decision of the Commissioner pursuant to Sentence Four of 42 U.S.C. § 405(g), and remanding the matter to the Commissioner for further proceedings consistent with this order. Signed by Honorable Richard M. Gergel on 4/24/2019. (bgoo)

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IN THE UNITED STATES DISTRICT coua.,RK. CH·ARLESTON, SC
DISTRICT OF SOUTH CAROLINA

2819-APR 25 PH 3: t;6

James Ansel Stewart,

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Plaintiff,

Civil Action No. 1:18-1765-RMG

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vs.

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Nancy A. Berrryhill, Acting Commissioner )
of Social Security,
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ORDER

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Defendant.

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This matter comes before the Court for judicial review of the final decision of the
Commissioner of Social Security denying Plaintiff's application for Disability Insurance Benefits
("DIB"). 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 April 11, 2019, recommending that the decision of
the Commissioner be reversed and remanded to the agency because of a wholesale disregard by
the Administrative Law Judge of the basic and mandatory standards of the Treating Physician
Rule, 20 C.F.R. § 404.1527(c), which resulted in according little or only partial weight to the
opinions of multiple treating physicians that Plaintiffs persistent and significant mental health
impairments rendered him unable to sustain work. (Dkt. No. 18 at 57-78). The Commissioner
has advised the Court that she does not intend to file objections to the R & R. (0kt. No. 19).
The Co~ has reviewed the R & R and the record evidence and finds that the Magistrate
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Judge has ably addressed the factual and legal issues in this matter. Therefore, the Court

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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.

Richard Mark
United States District Judge
Charleston, South Carolina
April~ 2019

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