Miller v. Colvin

Filing 18

ORDER granting 11 Motion to Reverse; adopting 17 Report and Recommendation. Signed by U.S. District Judge Lawrence L. Piersol on 7/13/15. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

FILED
JUL 13 ?~'.5

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Ctr!?·

CIV 14-4040
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Plaintiff,
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vs.
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ORDER
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CAROLYNW. COLVIN,
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Defendant.
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COSETTE L. MILLER,

This Court referred the case to United States Magistrate 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 reconsideration 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 of 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 1011.

Even though no objections have been filed, the Court has carefully conducted a de nova
review of the Magistrate Judge's Report and Recommendation and the record of the administrative
proceedings. After having reviewed the record, the Court agrees with the Magistrate Judge's Report
and Recommendation. Accordingly,

IT IS ORDERED:
1.

That the Magistrate Judge's Report and Recommendation, Doc. 17, ts
ADOPTED by the Court.

2.

That Plaintiffs Motion to Reverse Decision of the Commissioner, Doc. 11,
is GRANTED.

3.

That 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
reconsideration pursuant to 42 U.S.C. § 405(g), sentence four.

Dated this

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I~ day ofJuly, 2015.
BY THE COURT:

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awrence L. Piersol
nited District Court Judge

ATTEST:
JOSEPH H~S, Clerk

By~V~v

Deputy