Sorensen v. Colvin

Filing 19

ORDER granting 14 Motion to Reverse; adopting 18 Report and Recommendation. Signed by U.S. District Judge Lawrence L. Piersol on 8/25/15. (SLW)

FILED
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

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CIV 14-4065
SHAWN R. SORENSEN,
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Plaintiff,
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vs.
ORDER
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CAROLYN W. COLVIN,
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Commissioner of Social Security,
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Defendant.
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This Court referred the case to the 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. 18, 1s
ADOPTED by the Court.

2.

That Plaintiffs Motion to Reverse Decision of the Commissioner, Doc. 14,
is GRANTED.

3.

That the Commissioner's decision is REVERSED and REMANDED to the
Commissioner for reconsideration pursuant to 42 U.S.C. § 405(g), sentence
four.

n

Dated this

1$ ·day of August, 2015.
BY THE COURT:

~£.,~

awrence L. Piersol
United District Court Judge
ATTEST:
JOSEPH HAAS, Clerk