Crowe-Bonds v. Commissioner of Social Security Administration

Filing 30

ORDER RULING ON REPORT AND RECOMMENDATION: The Court ADOPTS the Report and Recommendation of the Magistrate Judge as the order of the Court, REVERSES the decision of the Commissioner, and REMANDS this matter for further proceedings. Signed by Honorable Richard M Gergel on 2/20/2013. (gnan )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Dana Crowe-Bonds, on behalf of
Christopher Crowe,
Plaintiff,
vs.
Michael J. Astrue, Commissioner
of Social Security,
Defendant.

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Civil Action No. 5:12-281-RMG

ORDER

Plaintiff has brought this action pursuant to 42 U.S.c. § 405(g) seeking judicial review of
the final decision of the Commissioner of Social Security denying the claimant's application for
Disability Insurance Benefits ("DIB"). In accord with 28 U.S.C. § 636(b) and Local Civil Rule
73.02 DSC, this matter was referred to a United States Magistrate Judge for pre-trial handling.
The Magistrate Judge issued a Report and Recommendation on January 30,2013 recommending
that the Commissioner's decision be reversed and remanded. (Dkt. No. 25). The Commissioner
has advised the Court he does not intend to file objections to the Magistrate Judge's Report and
Recommendation. (Dkt. No. 27).
Legal Standard

The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and the responsibility to make a final determination remains with the
Court. Mathews v. Weber, 423 U.S. 261 (1976). The Court is charged with making a de novo
determination of those portions of the Report and Recommendation to which specific objection is

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made. The Court may accept, reject, or modifY, in whole or in part, the recommendation of the
Magistrate Judge. 28 U.S.C. § 636(b)(1).
Discussion

The Court has reviewed the Magistrate Judge's Report and Recommendation, the record
in this matter, and the applicable statutory and case law. The Court finds that the Magistrate
Judge has ably and thoroughly addressed the factual and legal issues in this matter and correctly
concluded that the decision of the Commissioner should be reversed and remanded. Therefore,
the Court ADOPTS the Report and Recommendation of the Magistrate Judge as the order of the
Court, REVERSES the decision of the Commissioner, and REMANDS this matter for further
proceedings consistent with this opinion pursuant to Sentence Four of 42 U.S.C. § 405(g).
AND IT IS SO ORDERED.

United States District Judge

February LJ, 2013
Charleston, South Carolina

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