Mohr v. Commissioner of the Social Security Administration

Filing 24

ORDER RULING ON 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 of 42 U.S.C. § 405(g), and REMANDS the matter to the Commissioner for further proceedings. Signed by Honorable Richard M Gergel on 5/2/2016. (gnan )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Victoria Mohr,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 4: 15-427-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 April 8, 2016 recommending that the decision of
the Commissioner be reversed and remanded to the agency because of the Administrative Law
Judge's failure to fully account for Plaintiff's moderate difficulties in concentration, persistence
and pace in the RFC. (Dkt. No. 18). The Defendant has advised the Court she does not intend to
file objections 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

-1­

matter to the Commissioner for further proceedings consistent with this order.
AND IT IS SO ORDERED.

Richard Mark G rgel
United States Di trict Judge

Charleston, South Carolina
May 2:.,2016