Dove v. Berryhill ( 2020 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SHERRY LYNN DOVE,
Plaintiff,
v. Civil Action No. 18-231 (TJK/DAR)
ANDREW SAUL, Commissioner of Social
Security,
Defendant.
ORDER
This matter is before the Court on the Report and Recommendation filed by Magistrate
Judge Deborah A. Robinson on February 25, 2020. See ECF No. 33 (“R&R”). The Report and
Recommendation cautioned the parties that failing to file an objection within 14 days of receipt
could lead to waiver of the right to further review of the issues addressed. Id. at 7. Neither party
objected to the Report and Recommendation, and the deadline to do so has passed. See LCvR
72.3(b).
Sherry Lynn Dove brought this action seeking to reverse the final decision of the
Commissioner of Social Security denying her application for Title II disability insurance benefits
or, in the alternative, to remand to the agency for further review. See ECF No. 8 at 3–4; ECF
No. 28 at 1. She argued that the decision of the Administrative Law Judge (ALJ) did not give
appropriate weight to evidence she submitted and was erroneous as a matter of law. ECF No. 28
at 3–7. Magistrate Judge Robinson, in a 7-page opinion, determined that the ALJ did not
consider “the full extent of the impairments which Plaintiff claimed,” erroneously considering
only a single impairment, and that the ALJ did not sufficiently develop the record. R&R at 6.
For those reasons, Magistrate Judge Robinson recommended that this Court remand the matter to
the Social Security Administration for development of the record and further proceedings. Id. at
6–7.
After independent consideration of the Report and Recommendation, the lack of any
objection, the entire record, and the applicable law, the Court ORDERS that:
1. The Report and Recommendation is hereby ADOPTED in its entirety;
2. Plaintiff’s Motion for Judgment of [Reversal], ECF No. 28, is GRANTED IN PART
and DENIED IN PART;
3. Defendant’s Motion for Judgment of Affirmance, ECF No. 29, is DENIED; and
4. This case is REMANDED to the Social Security Administration for further
proceedings consistent with the Report and Recommendation.
The Clerk of Court is directed to close the case.
SO ORDERED.
/s/ Timothy J. Kelly
TIMOTHY J. KELLY
United States District Judge
Date: August 11, 2020
2