Aquino v. Commissioner of Social Security Administration

Filing 24

ORDER RULING ON 18 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 of42 U.S.C. § 405(g), and remands the matter to the Commissioner for further proceedings. Signed by Honorable Richard M Gergel on 12/05/2016. (egra, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Melanie Ann Aquino,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.

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Civil Action No. 9:15-3655-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 on November 14,
2016 recommending that the decision of the Commissioner be reversed and remanded to the
agency because a failure to properly weigh the opinions of Plaintiff s treating physicians, Dr.
Ross Lynch and Donald Schmechel, in accord with the standards of the Treating Physician Rule,
20 C.F.R. § 404.1527, and the failure to properly evaluate her RFC. (Dkt. No. 18). The
Commissioner has filed a response to the Magistrate Judge's Report and Recommendation
indicating that she will file no objections. (Dkt. No. 21). 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

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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.

United States District Judge

Charleston, South Carolina
December $",2016

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