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 )

Download PDF
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. ) ) ) ) ) ) ) ) ) ) ) Civil Action No.5: 13-3329-RMG ORDER ) 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 -1­ 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?