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SNIDER v. COLVIN, 6:14-2585-RMG. (2015)

Court: District Court, D. South Carolina Number: infdco20151119g77 Visitors: 15
Filed: Nov. 18, 2015
Latest Update: Nov. 18, 2015
Summary: ORDER RICHARD MARK GERGEL , District Judge . This matter comes before the Court for judicial review ofthe final decision ofthe Commissioner of Social Security denying Plaintiff's 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 ("R & R") on October 26, 2015 recommending that the
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ORDER

This matter comes before the Court for judicial review ofthe final decision ofthe Commissioner of Social Security denying Plaintiff's 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 ("R & R") on October 26, 2015 recommending that the decision of the Commissioner be reversed and remanded to the agency. (Dkt. No. 17). The Magistrate Judge's recommendation is based on (1) the failure to consider Plaintiff's chronic diarrhea in the RFC analysis; and (2) the failure to weigh new and material medical opinions received for the first time by the Appeals Council from treating health care providers and to reconcile that new and material evidence with other medical opinions in the record that had been credited by the ALJ, as required by Meyer v. Astrue, 662 F.3d 700, 706-07 (4th Cir. 2011). The Commissioner has filed a reply to the R & R indicating that she does not intend to file any objections to the R & R of the Magistrate Judge. (Dkt. No. 19).

The Court has reviewed the R & R and the record evidence and finds that the Magistrate Judge has ably addressed the factual and legal issues in this matter and correctly concluded that the decision of the Commissioner should be reversed and remanded. Therefore, the Court ADOPTS the Report and Recommendation as the order ofthis Court (Dkt. No. 17), REVERSES the decision ofthe 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.

Source:  Leagle

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