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Worthy v. Colvin

United States District Court, D. South Carolina

August 5, 2014

Sherry Worthy, Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.

ORDER

RICHARD MARK GERGEL, District Judge.

This matter comes before the Court for judicial review of the final decision of the Commissioner of Social Security denying Plaintiffs application for Disability Insurance Benefits ("DIB"). In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred to the United States Magistrate Judge for pretrial handling. The Magistrate Judge issued a Report and Recommendation on July 30, 2014 recommending that the decision of the Commissioner be reversed and remanded to the agency because of the failure of a fact finder to weigh and reconcile new and material evidence submitted by Plaintiff to the Appeals Council as mandated by Meyer v. Astrue, 662 F.3d 700 (4th Cir. 2011). (Dkt. No. 18). The Commissioner has filed a response to the Magistrate Judge's Report and Recommendation indicating that she will file no objections. (Dkt. No. 19). The Court has reviewed the Report and Recommendation and the record evidence and finds that the Magistrate Judge has ably addressed the factual and legal issues in this matter. Therefore, the Court ADOPTS the Report and Recommendation as the order ofthis Court, REVERSES the decision of the Commissioner pursuant to Sentence Four of42 U.S.C. § 405(g), and REMANDS the matter to the Commissioner for further proceedings consistent with this order.

AND IT IS SO ORDERED.


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