Eastman v. Berryhill

Filing 22

ORDER granting 13 Motion to Reverse; adopting 20 Report and Recommendation. Signed by U.S. District Judge Lawrence L. Piersol on 9/12/18. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

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JENNIFER L. EASTMAN,

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CIV 17-4124

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Plaintiff,

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vs.

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ORDER

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NANCY A. BERRYHILL,

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Acting 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 sentencefour 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.
Even though no objections have been filed to the Report and Recoimnendation, the Court
has carefully conducted a de novo review of the Magistrate Judge's Report and Recommendation
and the record of the administrative proceedings. After having reviewed the record including the
briefing by the parties subsequent to the entry ofthe Decision ofthe Commissioner,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. 20, is
ADOPTED by the Court.

2.

That Plaintiff s Motion to Reverse Decision of the Commissioner,Doc. 13,
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.

Dated this

day of September, 2018.
BY THE COURT:

IJ^awrence L. Piersol
United States District Judge
ATTEST:

MATTHEW W.T^LEh Clerk
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THELEN,

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(jA Iudnh:
Deputy