Cournoyer v. Colvin

Filing 17

ORDER granting 11 Motion to Reverse Decision of Commissioner ; denying 13 Motion Affirm Commissioner's Decision ; adopting 16 Report and Recommendation. Signed by U.S. District Judge Lawrence L. Piersol on 3/15/2016. (JLS)

UNITED STATES DISTRICT COURT

FILED

DISTRICT OF SOUTH DAKOTA

MAR 15 2016

SOUTHERN DIVISION

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BRIAN J. COURNOYER,
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CIV 15-4084
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Plaintiff,
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vs.
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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 United States Magistrate Judge Duffy 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 ifthe 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 including Defendant's Memorandum in Support of Defendant's Motion for Order
Affirming the Decision of the Commissioner and in Response to Plaintiffs Motion. After having
reviewed the record, the Court agrees with the Magistrate Judge's Report and Recommendation.
In particular, the Court finds that the failure of the Administrative Law Judge to develop the medical

record was prejudicial to Plaintiff. Accordingly,

IT IS ORDERED:
1.

That the Magistrate Judge's Report and Recommendation, Doc. 16, is
ADOPTED by the Court.

2.

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

3.

That the Motion to Affirm Commissioner's Decision, Doc. 13, is DENIED.

4.

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 15th day of March, 2016.
BY THE COURT:

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awrence L Piersol
United District Court Judge