Venditti v. Commissioner of the Social Security Administration

Filing 21

ORDER RULING ON 17 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 7/5/2017. (gnan )

IN THE UNITED STA TES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Susan Mary Venditti,
Plaintiff,
vs.
Nancy A. Berryhill, Acting
Commissioner of Social Security,
Defendant.

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Civil Action No. 4:16-1630-RMG

ORDER

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"). 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 June 20, 2017, recommending that the decision of the
Commissioner be reversed and remanded to the agency because of the failure to weigh the
medical opinions of various treating and consulting physicians in accord with the Treating
Physician Rule, 20 C.F.R. § 404.1527(c). (Dkt. No. 17 at 24-33). The Commissioner has
advised the Court that she does not intend to file objections to the R & R. (Dkt. No. 19).
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

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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
July .S., 2017

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