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Oliver v. Colvin

United States District Court, D. South Carolina

May 22, 2014

Barbara Ann Oliver, Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.

ORDER

RICHARD MARK GERGEL, District Judge.

Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the final decision of the Commissioner of Social Security denying her disability claim. In accord with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 DSC, this matter was referred to a United States Magistrate Judge for pre-trial handling. The Magistrate Judge issued a Report and Recommendation ("R & R") on May 6, 2014, recommending that the decision of the Commissioner be reversed and remanded because certain findings of the Administrative Law Judge relating to Plaintiff's mental impairments were not supported by substantial evidence. (Dkt. No. 22). The Commissioner has now advised the Court that she will not file objections to the R & R. (Dkt. No. 24).

The Court has reviewed the R & R in this matter and finds that the R & R accurately sets forth the factual and legal issues present in this matter and properly concludes that the decision of the Commissioner should be reversed and the matter remanded to the agency. The Court hereby adopts the R & R as the order of this Court. Accordingly, the decision of the Commissioner is hereby reversed pursuant to Sentence Four of 42 U.S.C. § 405(g) and remanded to the agency for further action consistent with this order.

AND IT IS SO ORDERED.


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