Brown v. Commissioner of Social Security Administration

Filing 16

ORDER: 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 f urther proceedings consistent with this order. Since this application for disability benefits has been pending now for over five years, the Commissioner is directed to schedule an administrative hearing in this matter, if one is required, within 120 days of this order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/29/20.(ltap, )

2:19-cv-01204-RMG

Date Filed 05/29/20

Entry Number 16

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Stephanie Maria Brown,

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Plaintiff,
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vs.
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Andrew Saul, Commissioner
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of Social Security,
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Defendant.
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)
____________________________________)

Civil Action No. 2:19-1204-RMG

ORDER

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 May 19, 2020, recommending that the
decision of the Commissioner be reversed and remanded to the agency because the
Administrative Law Judge (“ALJ”) failed to properly evaluate Plaintiff’s subjective statements
and this failure negatively impacted the ALJ’s consideration of the third party function report
and the consultant examiner’s opinion. (Dkt. No. 14 at 5-13). This includes the dubious and
unsupported finding of the ALJ that Plaintiff has a “fairly active lifestyle.” (Id. At 10). The
Commissioner has advised the Court that he does not intend to file objections to the R & R.
(Dkt. No. 15).
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
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2:19-cv-01204-RMG

Date Filed 05/29/20

Entry Number 16

Page 2 of 2

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. Since this
application for disability benefits has been pending now for over five years, the Commissioner is
directed to schedule an administrative hearing in this matter, if one is required, within 120 days
of this order.
AND IT IS SO ORDERED.

s/ Richard Mark Gergel
United States District Judge
Charleston, South Carolina
May 29, 2020

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