Tiller v. Commissioner of the Social Security Administration

Filing 20

ORDER RULING ON REPORT AND RECOMMENDATION: The Court ADOPTS the 16 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. Signed by Honorable Richard M Gergel on 12/21/2016. (prou, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Monroe J. Tiller,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.

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Civil Action No. 4: 15-4907-RMG

ORDER

This matter comes before the Court for judicial review ofthe final decision of the
Commissioner of Social Security denying Plaintiffs 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 on December 8, 2016 recommending that the decision of the
Commissioner be reversed and remanded to the agency because of administrative law judge's
erroneous reliance on certain evidence in making his credibility determination. (Dkt. No. 16 at
12-16). The Commissioner has filed a response to the Magistrate Judge's Report and
Recommendation indicating that she will file no objections. (Dkt. No. 18). The Court has
reviewed the Report and Recommendation 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

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

Richard Mark Gergel
United States District Judge

Charleston, South Carolina
December l " 2016

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