Billett v. Commissioner of the Social Security Administration
Filing
25
ORDER RULING ON REPORT AND RECOMMENDATION: The Court ADOPTS the R & R of the Magistrate Judge, REVERSES the decision of the Commissioner, and REMANDS the matter to the agency for further action consistent with this order. Signed by Honorable Richard M Gergel on 10/17/2014. (gnan )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ZOl4 OCT 11 P 3: 50
Thomas A. Billet,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.
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Civil Action No.5: 13-3329-RMG
ORDER
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This matter comes before the Court on judicial review ofthe final decision of the
Commissioner of Social Security denying Plaintiffs application for Disability Insurance Benefits
(44DIB") and Supplemental Insurance Income ("SSI"). In accordance with 28 U.S.C. § 636(b)
and Local Rule 73.02 (D.S.C.), this matter was referred to the Magistrate Judge for pre-trial
handling. The Magistrate Judge issued a Report and Recommendation ("R & R") on September
30,2014 recommending that the decision of the Commissioner be reversed and remanded to the
agency for failure to comply with the provisions of the Treating Physician Rule, 20 C.F.R.
§ 404.1527(c). (Dkt. No. 21 at 16-21). The Commissioner has filed a response to the R & R
indicating that she does not intend to file objections to the Magistrate Judge's recommendation.
(Dkt. No. 23).
The Court has reviewed the R & R, the decision of the Administrative Law Judge, the
record in this matter and the applicable case law. The Court finds that the Magistrate Judge has
ably addressed the factual and legal issues in this matter and appropriately determined that
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reversal of the decision of the ALJ and remand to the agency are necessary under the
circumstances to comply with the provisions of the Treating Physician Rule. Therefore, the
Court ADOPTS the R & R of the Magistrate Judge, REVERSES the decision of the
Commissioner, and REMANDS the matter to the agency for further action consistent with this
order.
AND IT IS SO ORDERED.
United States DistrictJudge
12,
October
2014
Charleston, South Carolina
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