Ferguson v. Commissioner of the Social Security Administration

Filing 41

ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts the R & R of the Magistrate Judge 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 this matter to the agency for further action. Signed by Honorable Richard M Gergel on 2/10/2014. (gnan )

IN THE UNITED STATES DISTRICT COU~J",(, r, .,IF
DISTRICT OF SOUTH CAROLINA
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Kimberly Ferguson,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.

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FEB lOP I: 1q

Civil Action No. 5:13-15-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 her claim 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 ("R & R") on January 22,2014,
recommending that the Commissioner's decision be reversed and remanded. (Dkt. No. 36). The
Commissioner has advised the Court that she does not intend to file objections to the R & R.
(Dkt. No. 39).

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, 270-71 (1976). The Court is charged with making a de

novo determination of those portions of the Report and Recommendation to which specific
objection is made. The Court may accept, reject, or modify, in whole or in part, the

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recommendation of the Magistrate Judge. 28 U.S.C. § 636(b)(1).
The role of the federal judiciary in the administrative scheme established by the Social
Security Act is a limited one. The Act provides that the "findings of the Secretary as to any fact,
if supported by substantial evidence, shall be conclusive." 42 U.S.C. §405(g). "Substantial
evidence has been defined innumerable times as more than a scintilla, but less than
preponderance." Thomas v. Celebrezze, 331 F.2d 541, 543 (4th Cir. 1964). This standard
precludes de novo review of the factual circumstances that substitutes the Court's findings of fact
for those ofthe Commissioner. Vitekv. Finch, 438 F.2d 1157 (4th Cir. 1971).
Although the federal court's review role is a limited one, "it does not follow, however,
that the findings of the administrative agency are to be mechanically accepted. The statutorily
granted right of review contemplates more than an uncritical rubber stamping of the
administrative action." Flackv. Cohen, 413 F.2d 278,279 (4th Cir. 1969). Further, the
Commissioner's findings of fact are not binding if they were based upon the application of an
improper legal standard. Coffman v. Bowen, 829 F.2d 514,519 (4th Cir. 1987).
Discussion
The Magistrate Judge has ably described the factual and legal issues applicable to this
appeal of the denial of Plaintiffs Social Security benefits. The record demonstrates that the
Administrative Law Judge ("ALJ") inappropriately and inaccurately characterized an office note
prepared by a physician's assistant to represent the opinion of Plaintiffs specialist treating
physician, Dr. Edward Nolan, regarding Plaintiffs capacity to perform in the workplace.
Moreover, in light of Plaintiff s well documented spinal abnormalities and associated problems
with radicular pain and numbness, the Magistrate Judge is certainly correct that the actual

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opinions of Dr. Nolan regarding Plaintiffs impairments and limitations are necessary to develop
a full and fair record. Therefore, the Court adopts the R & R of the Magistrate Judge 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 this matter to the agency for further action consistent with this order.
AND IT IS SO ORDERED.

February 1£,2014
Charleston, South Carolina

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