Penfield v. Commissioner of the Social Security Administration

Filing 20

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 9/5/2017. (gnan )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Robert Penfield,
Plaintiff,
VS.

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Civil Action No. 4:16-3342-RMG

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Nancy A. Berrryhill, Acting Commissioner )
of Social Security,
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Defendant.
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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 August 18, 2017, recommending that the decision of
the Commissioner be reversed and remanded to the agency because of the failure of the
Administrative Law Judge to weigh the full opinion of Dr. Ruffing, a consulting examiner, and to
address that fully considered opinion in light of the related opinion of Dr. Korn, another
consulting examiner. (Dkt. No. 16 at 14-15). The Commissioner has advised the Court that she
does not intend to file objections to the R & R. (Dkt. No. 18).
The Court has reviewed the R & Rand 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

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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. In light of the
fact that this application for disability benefits has been pending for more than four years and a
half years (Dkt. No. 9-2 at 12), the agency is directed to conduct another administrative hearing,
if necessary, within 90 days of this order, to issue an order by the ALJ within 30 days thereafter,
and to conduct any necessary Appeals Council review within 30 days thereafter.
AND IT IS SO ORDERED.

Richard Mark Gerge
United States District Judge

Charleston, South Carolina
September~, 2017

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