Adams v. Astrue, No. 4:2008cv04139 - Document 21 (D.S.D. 2009)

Court Description: OPINION AND ORDER adopting 20 Report and Recommendation; granting 14 Plaintiff's Motion for Summary Judgment; REVERSING the Commissioner's decision under sentence four of 42 U.S.C. 405(g) and REMANDING the case to the Commissioner for further administrative proceedings. Signed by U. S. District Judge Lawrence L. Piersol on 12/21/09. (DJP)

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION **************************************************** * ROBERT G. ADAMS, * CIY.08-4139 * * * * -vsOPINION AND ORDER * * MICHAEL J. ASTRUE, * Commissioner of Social Security * * Defendant. * ************* ************************ ** ************* Plaintiff, This Court referred the case to United States Magistrate Judge John E. Simko for the purpose of issuing a Report and Recommendation. The Magistrate Judge has recommended that the Commissioner's denial ofbenefits be reversed and remanded to the Social Security Administration for further administrative proceedings. A remand pursuant to sentence four of 42 U.S.C. § 405(g) is proper when the district court makes a substantive ruling regarding the correctness of the Commissioner's decision and remands the case in accordance with such ruling. Buckner v. Apfel, 213 F.3d 1006, 1010 (8 th Cir. 2000). Remand with instructions to award benefits is appropriate "only if the record overwhelmingly supports such a finding." Buckner at 1011. The Court has carefully reviewed the Ma,istrate Judge's Report and Recommendation and the record ofthe administrative proceedings. After having reviewed the record, the Court agrees with the Magistrate Judge's Report and Recommendation. The Administrative Law Judge improperly disregarded relevant expert opinion, including that ofthe treating physician, Dr. Olson and psychologist Carol Kuntz. The Court agrees with the Administrative Law Judge in disregarding the unsigned report of Dr. Buchowski. In addition there is further lay and expert evidence which the Administrative Law Judge did not have an opportunity to consider. Accordingly, it is hereby ORDERED that: 1. The Magistrate Judge's Report and Recommendation (Doc. 20) is ADOPTED by the Court. 2. Plaintiffs Motion for Summary Judgment (Doc. 14) is GRANTED. 3. The Commissioner's decision is REVERSED under sentence four of 42 U.S.C. § 40S(g) and the case is REMANDED to the Commissioner for further administrative proceedings. Dated this Mday of December, 2009. BY THE COURT.O ~ltwuuu LrLU~--__ Y~wrence L. Piersol United States District Judge ATTEST: JOS~AA~: By 00 ~Deputy 2

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