Ferguson v. Commissioner of the Social Security Administration

Filing 28

ORDER RULING ON REPORT AND RECOMMENDATION ADOPTING the Report and Recommendation as the order of this Court, REVERSING 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 11/28/2016. (gnan )

Download PDF
IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Kimberly Michelle Ferguson, Plaintiff, vs. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 5:15-3667-RMG ORDER ) This matter comes before the Court for judicial review of the final decision of the Commissioner of Social Security denying Plaintiff's 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 on October 31, 2016 recommending that the decision of the Commissioner be reversed and remanded to the agency because a failure to weigh the opinions of Plaintiff's treating specialist physician, Dr. 1. Edward Nolan, in accord with the standards of the Treating Physician Rule, 20 C.F.R. § 404.1527. (Dkt. No. 23). The Commissioner has filed a response to the Magistrate Judge's Report and Recommendation indicating that she will file no objections. (Dkt. No. 25). The Court has reviewed the Report and Recommendation and 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 of the Commissioner pursuant to Sentence Four of -1­ 42 U.S.C. § 405(g), and REMANDS the matter to the Commissioner for further proceedings consistent with this order. In light of the protracted nature of the administrative proceedings in this matter and the reversal of the agency's decision twice by this Court because of a failure to consider and weigh the opinions of Dr. Nolan, the claimant's long-treating specialist physician, the Court directs that an administrative hearing in this matter be conducted within 60 days of this order, a decision by the Administrative Law Judge be issued no longer than 30 days later, and a final decision of the Appeals Council be rendered 30 days within 30 days thereafter. AND IT IS SO ORDERED. Richard Mark Gerg I United States District Judge Charleston, South Carolina November 1 i, 2016 -2­

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?