Wellman v. Colvin

Filing 18

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

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA 0f SOUTHERN DIVISION =i! AMY L. WELLMAN, ' * CIV 16-4159 * Plaintiff, * * * ORDER * NANCY A. BERRYHILL, Acting Commissioner of Social Security, * * * Defendant. * * 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 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 ifthe record overwhelmingly supports such a finding." Buckner at 1011. Even though no objections have been filed, the Court has carefully conducted a de novo review ofthe 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 ORDERED: 1. That the Magistrate Judge's Report and Recommendation, Doc. 17 is ADOPTED by the Court. 2. That Plaintiffs Motion to Reverse Deeision ofthe Commissioner, Doc. 12, 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. /ST Dated this 1/ ~ day of December,2017. BY THE COURT; lAWiUU CfUf — Lawrence L. Piersol United States District Judge ATTEST: JOSEPH HAAS,Clerk ByJmmJj Deputy

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