ey Der 0; UNITED STATES DISTRICT COURT □□□□ DISTRICT OF SOUTH DAKOTA Cy SOUTHERN DIVISION CLERR EECCA ee A A ee ACR Re A AA ARC RR A A RC a A a a ae ee eo * AMY L. WELLMAN, ' * CIV 16-4159 % Plaintiff, * * vs. ORDER * NANCY A. BERR YHILL, * Acting Commissioner of Social Security, * * Defendant. ** * eee ick Acie leleiecieieiaicie aici a ai I a ASI II IIR ACCA ICICI AICI ICRC ICR ACAI I ACR CACC CR eS AR aR ee es This Court referred the case to the United States Magistrate for the purpose of issuing a Report and Recommendation. The Magistrate J udge has recommended that the Commissioner’s denial of benefits be reversed and remanded for reconsideration pursuant to

(g), sentence four.

A sentence four remand 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 y, Apfel,

(8th Cir. 2000). Remand with instructions to award benefits is appropriate “only if the record overwhelmingly supports such a finding.” Buckner at 1011.

Even though no objections have been filed, the Court has carefully conducted a de novo review of the Magistrate Judge’s Report and Recommendation and the record of the administrative proceedings. After having reviewed the record, the Court agrees with the Magistrate Judge’s Report and Recommendation. Accordingly,

IT IS ORDERED: 1. That the Magistrate Judge’s Report and Recommendation, Doc. 17, is ADOPTED by the Court.

2. That Plaintiff's Motion to Reverse Decision of the Commissioner, Doc. 12, is GRANTED. 3. That the Commissioner’s decision is REVERSED and REMANDED to the Commissioner for reconsideration pursuant to

(g), sentence four. st Dated this | —_ day of December, 2017. BY THE COURT: Ru Miu so.— awrence L. Piersol United States District Judge ATTEST: JOSEPH HAAS, Clerk ov Sumo inh ook Deputy