Bolen v. Commissioner of Social Security Administration
ORDER: 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. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/1/22. (ltap, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Debra Davis Bolen,
Kilolo Kijakazi, Acting Commissioner
of the Social Security Admnistration,
Civil Action No. 9:20-3949-RMG
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 (“R &
R”) on July 20, 2022, recommending that the decision of the Commissioner be reversed and
remanded to the agency because the decision of the Administrative Law Judge (“ALJ”) failed to
adequately consider and explain the combined effects of Plaintiff’s physical and mental
impairments. (Dkt. No. 16 at 6-10). The Commissioner has advised the Court she does not
intend to file an objection to the R & R. (Dkt. No. 17).
The Court finds that the Magistrate Judge ably addressed the factual and legal issues in
this appeal and correctly determined that the ALJ’s decision failed to adequately address and
explain the combined effects of Plaintiff’s multiple mental and physical impairments. 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.
AND IT IS SO ORDERED.
s/ Richard M. Gergel
Richard M. Gergel
United States District Judge
August 1, 2022
Charleston, South Carolina
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