Chapman v. Colvin

Filing 18

ORDER granting 12 Motion to Reverse; denying 14 Motion to Affirm; adopting 17 Report and Recommendation. Signed by U.S. District Judge Lawrence L. Piersol on 1/30/17. (SLW)

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION * DARCY D. CHAPMAN, * CIV 16-4004 * Plaintiff, Y . * vs., * ORDER * CAROLYN W. COLVIN, Commissioner of Social Security, * Hi * Defendant. * • 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 ofthe 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. The Court has conducted a de novo 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 for Order Reversing Decision of the Commissioner. The Court appreciates the parties entering into a Proposed Joint Statement of Material Facts. After having reviewed the record, the Court agrees with the Magistrate Judge's Report and Recommendation. In particular, the Court finds that reversal and remand is warranted not because the evidence is overwhelming, but because the record evidence should be clarified and

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