Summary
finding "that the ALJ failed to properly explain his reasoning for finding the job of 'order clerk' to be past relevant work for Plaintiff as opposed to finding it to be part of a composite job."
Summary of this case from Carothers v. SaulOpinion
Civil Action No. 8:13-2383-RMG
02-04-2015
Linda Shealy, Plaintiff, v. Carolyn W. Colvin, Commissioner of Social Security, Defendant.
ORDER
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"). 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 January 21, 2015 recommending that the decision of the Commissioner be reversed and remanded to the agency because of the Administrative Law Judge's failure to explain his reasoning for finding the job of "order clerk" to be past relevant work for Plaintiff as opposed to finding that it was a part of a composite job. (Dkt. No. 26 at 23-26). The Commissioner has filed a response to the Magistrate Judge's R & R indicating that she will file no objections. (Dkt. No. 28).
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.
/s/_________
Richard Mark Gergel
United States District Judge Charleston, South Carolina
February 4, 2015