Burns v. Commissioner of the Social Security Administration

Filing 31

ORDER RULING ON 27 REPORT AND RECOMMENDATION The Court adopts the Report and Recommendation as the order of this Court, reverses the decision ofthe 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. Signed by Honorable Richard M Gergel on 07/31/2015. (egra, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Brenda Burns, olblo S.M.B.,
Plaintiff,
vs.
Carolyn W. Colvin, Commissioner of
Social Security,
Defendant.

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Civil Action No. 2:14-1288-RMG

ORDER

This matter comes before the Court for judicial review of the final decision ofthe
Commissioner of Social Security denying disability benefits to Plaintiffs teenage daughter,
S.M.S.

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 13,2015 recommending that the decision of
the Commissioner be reversed and remanded to the agency because of a failure of the
Administrative Law Judge to evaluate and weigh the opinions of the child's treating specialist
physician, Dr. John Allen, in accord with the Treating Physician Rule, 20 C.F.R. § 404. 1527(c).
(Dkt. No. 27 at 4-8). The Commissioner has advised the Court that she does not intend to file
objections to the R & R. (Dkt. No. 29).
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 and correctly concluded that
the decision of the Commissioner should be reversed. Therefore, the Court ADOPTS the Report

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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
July.s{,2015

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