Britton v. Commissioner of Social Security Administration
Filing
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ORDER RULING ON 16 REPORT AND RECOMMENDATION. The Court hereby adopts the R & R as the order of the Court. Accordingly, the decision of the Commissioner is hereby reversed pursuant to Sentence Four of 42 U.S.C. § 405(g) and remanded to the agency for further action consistent with this order. Signed by Honorable Richard M Gergel on 07/14/2014. (egra, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Constance Britton,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.
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Civil Action No.9: 13 1766-RMG
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ORDER
Plaintiff brought this action pursuant to 42 U.S.c. § 405(g) seeking judicial review of the
final decision of the Commissioner of Social Security denying her disability claim. In accord
with 28 U.S.C. § 636(b) and Local Civil Rule 73.02, DSC, this matter was referred to the
Magistrate Judge for pre-trial handling. The Magistrate Judge issued a Report and
Recommendation ("R & R") on June 27, 2014, recommending that the decision of the
Commissioner be reversed and remanded to the agency. (Dkt. No. 16). The Commissioner has
now advised the Court that she does not intend to file objections to the R & R. (Dkt. No. 19).
The Court has reviewed the R & R in this matter, the record before the Court and
applicable legal standards. The Court finds that the R & R accurately sets forth the factual and
legal issues in this matter and properly concludes that the decision of the Commissioner should
be reversed and the matter remanded to the agency to address the issue of medication side effects.
The Court hereby adopts the R & R as the order of the Court. Accordingly, the decision of the
Commissioner is hereby reversed pursuant to Sentence Four of 42 U.S.C. § 405(g) and remanded
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to the agency for further action consistent with this order.
AND IT IS SO ORDERED.
Richard Mark Gergel
United States District Judge
Charleston, South Carolina
July~, 2014
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