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Miller v. Colvin

United States District Court, D. South Dakota, Southern Division

July 13, 2015

COSETTE L. MILLER, Plaintiff,
v.
CAROLYN W. COLVIN, Defendant

For Cosette L. Miller, Plaintiff: Steven R. Pfeiffer, LEAD ATTORNEY, Steven R. Pfeiffer, Prof. LLC, Sioux Falls, SD.

For Carolyn W. Colvin, Defendant: Alison J. Ramsdell, LEAD ATTORNEY, U.S. Attorney's Office (Sioux Falls, SD), Sioux Falls, SD.

For Office of General Counsel Social Security Administration, Interested Party: Office of General Counsel - Dallas, LEAD ATTORNEY, Social Security Administration, Office of General Counsel, Dallas, TX.

ORDER

Lawrence L. Piersol, United District Court Judge.

This Court referred the case to 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 sentence four remand is proper when the district 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, 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, 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, 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. 17, is ADOPTED by the Court.
2. That Plaintiff's Motion to Reverse Decision of the Commissioner, Doc. 11, is GRANTED.
3. That the Commissioner's decision is REVERSED under sentence four of 42 U.S.C. § 405(g) and the case is REMANDED to the Commissioner for reconsideration pursuant to 42 U.S.C. § 405(g), sentence four.

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