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 )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Kimberly Michelle Ferguson,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.
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Civil Action No. 5:15-3667-RMG
ORDER
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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
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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
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