Knight v. Commissioner of Social Security Administration

Filing 19

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. Therefore, the 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. Signed by Honorable Richard M Gergel on 12/19/2016.(cwhi, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Mark L. Knight, Plaintiff, vs. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No.9: 15-4196-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 30, 2016 recommending that the decision of the Commissioner be reversed and remanded to the agency because of a failure to consider the combined cumulative effect of Plaintiff s limitations and to determine whether such combined effects render Plaintiff disabled. (Dkt. No. 15). The Commissioner has filed a response to the Magistrate Judge's Report and Recommendation indicating that she will file no objections. (Dkt. No. 17). 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 -1­ 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. Charleston, South Carolina 2016 December J!J, -2­

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