Seymore v. Commissioner of Social Security Administration

Filing 21

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 of 42 U.S.C. § 405(g), and remands the matter to the Commissioner for further proceedings consistent with this order. Richard Mark Gergel United States District Judge. Signed by Honorable Richard M Gergel on 04/04/2017. (egra, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Teresa Seymore,
Plaintiff,
vs.
Nancy A. Berryhill, Acting Commissioner
of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Civil Action No.9: 16-660-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"). 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 March 9,2017, recommending that the decision of
the Commissioner be reversed and remanded to the agency because the Administrative Law
Judge failed to evaluate the opinions of Plaintiffs two treating physicians, Dr. Waggoner and Dr.
Peskoe, in accord with the provisions of the Treating Physician Rule, 20 C.F.R. § 404.1S27(c).
(Dkt. No. 18). The Commissioner has 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 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

-1­

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 Gergel
United States District Judge

Charleston, South Carolina
April 1, 2017

-2­