Johnson v. Commissioner of Social Security Administration

Filing 23

ORDER adopting 20 Report and Recommendation. The Court ADOPTS the Report and Recommendation 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 the matter to the Commissioner for further proceedings. Signed by Honorable Richard M Gergel on 4/28/2017.(abuc)

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Eva Renee Johnson,
Plaintiff,
vs.
Nancy A. Berryhill, Acting Commissioner
of Social Security,
Defendant.

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Civil Action No. 6: 16-2669-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") and "Supplemental Security 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 United States Magistrate Judge for
pretrial handling. The Magistrate Judge issued a Report and Recommendation (R & R) on April
13,2017, recommending that the decision of the Commissioner be reversed and remanded to the
agency because the Administrative Law Judge (1) failed to consider Plaintiffs documented IQ
score at age 12 showing a full scale IQ of 53 and a verbal IQ of 56 in determining whether
Plaintiff met the requirements of Listing 12.05(B); and (2) failed to consider evidence from
Plaintiff's public school records when determining whether Plaintiff met the requirements of
Listing 12.05(C). (Dkt. No. 20 at 8-15). The Commissioner has advised the Court that she does
not intend to file objections to the R & R. (Dkt. No. 22).
The Court has reviewed the R & R and the record evidence and finds that the Magistrate

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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 42 U.S.c. § 405(g), and REMANDS the
matter to the Commissioner for further proceedings consistent with this order.
AND IT IS SO ORDERED.

Richard MarK ergel
United States District Judge

Charleston, South Carolina
April ~~ 2017

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