Sills v. Commissioner of Social Security Administration

Filing 18

ORDER: 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 perform a proper function by function analysis in dete rmining the claimant's RFC, as required under Dowling. 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 8/2/22. (ltap, )

9:21-cv-02907-RMG

Date Filed 08/02/22

Entry Number 18

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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Tammy R. Lucas Sills,

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Plaintiff,
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vs.
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Commissioner of Social Security
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Administration,
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Defendant.
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)
____________________________________)

Civil Action No. 9:21-2907-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 July 19, 2022 (Dkt. No. 16),
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 make a function by
function analysis in determining Plaintiff’s RFC, which is required where the evidence is
contested regarding the claimant’s capacity to perform job duties. Dowling v. Commissioner of
Social Security, 986 F.3d 377, 388-389 (4th Cir. 2021).

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 perform a proper function

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9:21-cv-02907-RMG

Date Filed 08/02/22

Entry Number 18

Page 2 of 2

by function analysis in determining the claimant’s RFC, as required under Dowling. 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 2, 2022
Charleston, South Carolina

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