Monlux v. Astrue

Filing 17

ORDER granting 11 Motion for Summary Judgment; adopting 16 Report and Recommendation. Signed by U. S. District Judge Lawrence L. Piersol on 12/16/12. (SLW)

FILED
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

DEC 1 7 2012

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ROBERT B. MONLUX,
CIV. 11-4180
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Plaintiff,
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-vs*
ORDER
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MICHAEL 1. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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This Court referred the case to United States Magistrate Judge John E. Simko for the purpose
of issuing a Report and Recommendation.

The Magistrate Judge has recommended that the

Commissioner's denial of benefits be reversed and remanded for an immediate award of benefits
pursuant to 42 U.S.C. § 405(g), sentence four.
A sentence four remand is proper when the district court makes a substantive ruling regarding
the correctness 0 f the Commissioner's decision and remands the case in accordance with such ruling.

Buckner v. Apfel, 213 F.3d 1006, 1010 (8th Cir. 2000). Remand with instructions to award benefits
is appropriate "only if the record overwhelmingly supports such a finding." Buckner at 101 L
The Court has carefully reviewed the Magistrate Judge's Report and Recommendation and
the record ofthe administrative proceedings. After having reviewed the record, the Court agrees with
the Magistrate Judge's Report and Recommendation. Accordingly, it is hereby

ORDERED that:
1.

The Magistrate Judge's Report and Recommendation (Doc. 16) is ADOPTED by the
Court.

2.

Plaintiff's Motion for Summary Judgment (Doc. 11) is GRANTED.

3.

The Commissioner's decision is REVERSED under sentence four of 42 U.S.c. §
405(g) and the case is REMANDED to the Commissioner for an immediate award of
benefits.

Dated this ) lJ\aYOfDeCember, 2012.
BY THE COURT:

awrence L. Piersol
nited District Court Judge
ATTEST:

JOSEPH HAAS, e l i ]

By

5unrrru. UbJu1

Deputy

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