Perrin v. Berryhill, CIV 16-4178. (2018)
Court: District Court, D. South Dakota
Number: infdco20180212899
Visitors: 13
Filed: Jan. 23, 2018
Latest Update: Jan. 23, 2018
Summary: ORDER LAWRENCE L. PIERSOL , District Judge . This Court referred the case to the United States Magistrate for the purpose of issuing a Report and Recommendation. The Magistrate Judge has reeommended that the Commissioner's denial of benefits be reversed and remanded for reconsideration pursuant to 42 U.S.C. 405(g), sentence four. A sentenee four remand is proper when the distriet court makes a substantive ruling regarding the correctness of the Commissioner's decision and remands the cas
Summary: ORDER LAWRENCE L. PIERSOL , District Judge . This Court referred the case to the United States Magistrate for the purpose of issuing a Report and Recommendation. The Magistrate Judge has reeommended that the Commissioner's denial of benefits be reversed and remanded for reconsideration pursuant to 42 U.S.C. 405(g), sentence four. A sentenee four remand is proper when the distriet court makes a substantive ruling regarding the correctness of the Commissioner's decision and remands the case..
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ORDER
LAWRENCE L. PIERSOL, District Judge.
This Court referred the case to the United States Magistrate for the purpose of issuing a Report and Recommendation. The Magistrate Judge has reeommended that the Commissioner's denial of benefits be reversed and remanded for reconsideration pursuant to 42 U.S.C. § 405(g), sentence four.
A sentenee four remand is proper when the distriet court makes a substantive ruling regarding the correctness of the Commissioner's decision and remands the case in accordance with such ruling. Buckner v. Apfel, 213 F.3d 1006, lOIO(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 Recommendation, the Court has carefully conducted a de novo review of the Magistrate Judge's Report and Recommendation and the record of the administrative proeeedings. After having reviewed the record including the briefing by the parties subsequent to the entry of the Decision of the Commissioner, the Court agrees with the Magistrate Judge's Report and Recommendation. Accordingly,
IT IS ORDERED:
1. That the Magistrate Judge's Report and Reeommendation, Doe. 17, is ADOPTED by the Court.
2. That Plaintiffs 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.
Source: Leagle
