Jackson v. Commissioner Social Security Administration

Filing 13

ORDER adopting 11 Report and Recommendation. The Commissioner's decision is reversed pursuant to Sentence Four of42 U.S.C. § 405(g), and this action is remanded to the Commissioner for further proceedings. Signed by Honorable Richard M Gergel on 1/27/2016.(abuc) (Main Document 13 replaced on 1/28/2016) (egra, ). Modified on 1/28/2016 to correct caption (egra, ).

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Gray Helms Jackson, Gary Helms Jackson, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant. Civil Action No.8: 14-4906-RMG ORDER This matter comes before the Court for judicial review of the final decision of the Acting 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 on January 26,2016, recommending that the decision of the Commissioner be reversed and remanded to the agency because of the failure of the Administrative Law Judge to properly apply the provisions of the Treating Physician Rule, 20 C.F.R. § 404.1527. (Dkt. No. 11). The Acting Commissioner has filed a response to the Magistrate Judge's Report and Recommendation indicating that she will file no objections. (Dkt. No. 12). 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 (Dkt. No. 11) as the order of this Court, REVERSES the decision of the -1­ 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. United States District Judge Charleston, South Carolina January<--, , 2016 -2­

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