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Abraham v. Kijakazi

United States District Court, D. South Carolina
Oct 13, 2021
Civil Action 8:20-3272-RMG (D.S.C. Oct. 13, 2021)

Opinion

Civil Action 8:20-3272-RMG

10-13-2021

Paul Abraham, Plaintiff, v. Kilolo Kijakazi, Acting Commissioner of Social Security, Defendant.


ORDER

Richard Mark Gergel United States District Judge

This matter comes before the Court for judicial review of the final decision of the Commissioner of Social Security denying Plaintiff's application for Disability Insurance Benefits (“DIB”). The Magistrate Judge issued a Report and Recommendation (R & R) on September 29, 2021, recommending that the decision of the Commissioner be reversed and remanded to the agency because the Administrative Law Judge (“ALJ”) erroneously found that there was not medically objective evidence in the record to support Plaintiff's claim of carpal tunnel syndrome (“CTS”) as a severe impairment. (Dkt. No. 20 at 17-20). In fact, an EMG and nerve conducting study diagnosed the presence of moderate to severe CTS. (Id. at 16). The Acting Commissioner has advised the Court that she does not intend to file objections to the R & R. (Dkt. No. 21).

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. Therefore, the Court ADOPTS the Report and Recommendation as the order of this Court, REVERSES the decision of the Commissioner pursuant to Sentence Four of 42 U.S.C. § 405(g), and REMANDS the matter to the Commissioner for further proceedings consistent with this order.

AND IT IS SO ORDERED.


Summaries of

Abraham v. Kijakazi

United States District Court, D. South Carolina
Oct 13, 2021
Civil Action 8:20-3272-RMG (D.S.C. Oct. 13, 2021)
Case details for

Abraham v. Kijakazi

Case Details

Full title:Paul Abraham, Plaintiff, v. Kilolo Kijakazi, Acting Commissioner of Social…

Court:United States District Court, D. South Carolina

Date published: Oct 13, 2021

Citations

Civil Action 8:20-3272-RMG (D.S.C. Oct. 13, 2021)

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