Pickett v. Colvin

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations, 11 Motion to Affirm filed by Carolyn W. Colvin, 7 Motion for Summary Judgment filed by Tracy Pickett. Signed by District Judge Tom S. Lee on 1/31/17.(TLC)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
TRACY PICKETT
ON BEHALF OF K.H.

PLAINTIFF

VS.

CIVIL ACTION NO. 3:15CV700TSL-LRA

CAROLYN W. COLVIN,
ACTING COMMISSIONER SOCIAL SECURITY ADMINISTRATION

DEFENDANT

ORDER
This cause is before the court on the magistrate judge’s
January 6, 2017 report and recommendation, recommending that
plaintiff’s motion for summary judgment be granted to the extent
that she seeks reversal of the commissioner’s decision and remand
to the commissioner for further consideration and that the
government’s motion for an order affirming the commissioner’s
decision be denied.

The government having advised that it has no

objection and the court having reviewed the report and
recommendation, the court will adopt, as its own opinion, the
magistrate judge’s report and recommendation.
Based on the foregoing, it is ordered that the report and
recommendation of United States Linda R. Anderson entered on or
about January 6, 2017, be, and the same is hereby, adopted as the
finding of this court.

It is further ordered that plaintiff’s

motion for summary judgment is granted such that the

commissioner’s decision is reversed and the case is remanded for
further administrative proceedings consistent with the court’s
opinion.

It is further ordered that the government’s motion for

an order affirming the commissioner’s decision is denied.
A separate judgment will be entered in accordance with Rule
58 of the Federal Rules of Civil Procedure.
SO ORDERED this 31st day of January, 2017.

/s/ Tom S. Lee
UNITED STATES DISTRICT JUDGE

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