Isom v. Commissioner of the Social Security Administration ( 2020 )

IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Robert Isom, ) ) Plaintiff, © ) Civil Action No. 4:18-2803-RMG ) VS. ) ) Andrew M. Saul, Commissioner ) of Social Security, ) ORDER ) Defendant. ) ) a) This matter comes before the Court for judicial review of the final decision of the Commissioner of Social Security denying Plaintiffs application for Disability Insurance Benefits (“DBI’’). 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 2, 2020, recommending that the decision of the Commissioner be reversed and remanded to the agency because the Administrative Law Judge failed to properly process Plaintiffs claim in light of his 100% disability rating from the Veterans Administration under the standards mandated by Bird v. Commissioner of Social Security Administration, 699 F.3d 337, 343 (4 Cir. 2012). (Dkt. No. 25). The Commissioner has advised the Court that he does not intend to file objections to the R & R. (Dkt. No. 27). 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. Richard Mark Gergel United States District Judge Charleston, South Carolina January /0, 2020 -2-