Thomas v. Commissioner of Social Security Administration
ORDER RULING ON 37 REPORT AND RECOMMENDATION The Court adopts the Report and Recommendation as the order of this Court, reverses the decision of the Commissioner pursuant to Sentence Four of42 U.S.C. § 405(g), and remands the matter to the Commissioner for further proceedings consistent with this order. Signed by Honorable Richard M Gergel on 04/27/2015. (egra, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Debra E. Thomas,
Carolyn W. Colvin, Commissioner of
Civil Action No. 2:14·383·RMO
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
April 9, 2015 recommending that the decision of the Commissioner be reversed and remanded to
the agency. (Dkt. No. 37). The Magistrate Judge's recommendation is based on the
Administrative Law Judge's ("ALJ") assessment of the opinions of Plaintiffs treating specialist
physician, Dr. Kellie Bishop. The ALJ gave "little weight" to the treating physician's opinions
because the physician allegedly failed to cite specific abnonnalities in the medical records and
her opinions were inconsistent with OAF scores in the record. Transcript of Record ("Tr.") 24
25. The Magistrate Judge referenced numerous entries in the medical record in which specific
abnonnalities were referenced by Dr. Bishop and further concluded that it is legal error to rely
primarily on GAF scores to reject the opinion ofa treating physician. (Dkt. No. 37 at 7·9). The
Commissioner has filed a reply to the R & R indicating that she does not intend to file any
objections to the recommendation of the Magistrate Judge. (Dkt. No. 39).
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.
United States District Judge
Charleston, South Carolina
April 1."), 2015
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