Horn v. Social Security Administration, Commissioner of

Filing 16

ORDER granting 8 Motion for Judgment on the Pleadings; denying 12 Motion for Summary Judgment; adopting Report and Recommendations re 15 Report and Recommendations.The Commissioners decision denying benefits is hereby REVERSED andREMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g) for furtherevaluation. Signed by District Judge Harry S Mattice, Jr on 9/6/2011. (SAC, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
RORY BRIAN HORN,

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Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

Case No. 1:10-cv-00253
Judge Mattice
Magistrate Judge Carter

ORDER
On August 15, 2011, United States Magistrate Judge William B. Carter filed his
report and recommendation pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil
Procedure 72(b). [Court Doc. 15]. Neither party filed objections within the given 14 days.
After reviewing the record, the Court agrees with Magistrate Judge Carter’s report
and recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Carter’s
findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and
Rule 72(b).
Accordingly,
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Plaintiff’s Motion for Judgment on the Administrative Record [Court Doc. 8]
is hereby GRANTED, to the extent that it seeks remand under Sentence
Four of 42 U.S.C. § 405(g);

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Defendant’s Motion for Summary Judgment [Court Doc. 12] is hereby
DENIED;

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The Commissioner’s decision denying benefits is hereby REVERSED and
REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g) for further
evaluation.

The Clerk shall close this case.
SO ORDERED this 6th day of September, 2011.

/s/Harry S. Mattice, Jr.
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE