Opinion
Civil Action 4:21-1785-RMG
03-28-2022
Gerald Lamar Smith, 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 (“DBI”) and Supplemental Security Income (“SSI”).. 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 March 9, 2022, recommending that the decision of the Commissioner be reversed and remanded to the agency because the Administrative Law Judge failed to adequately explain the rejection of the opinions of Plaintiff's treating health care providers which were inconsistent with the ALJ's RFC. (Dkt. No. 13 at 6-15). The Commissioner has advised the Court that she does not intend to file objections to the R & R. (Dkt. No. 14).
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.