Myers v. Colvin

Filing 25

JUDGMENT ORDER granting 17 Motion for Summary Judgment; denying 20 Motion for Summary Judgment; accepting and adopting 23 Report and Recommendations; and remanding under Sentence Six of 42 U.S.C. § 405(g) to the Commissioner for further administrative consideration of new and material evidence. Signed by District Judge Curtis L Collier on 5/28/2015. Entered as a Judgment by Debra C. Poplin, CLERK OF COURT. (BJL, ) Modified on 5/28/2015 (BJL, ).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at CHATTANOOGA LORRAINE D. MYERS, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. No. 1:14-CV-115 Judge Curtis L. Collier JUDGMENT ORDER United States Magistrate Judge William B. Mitchell Carter filed a report and recommendation (“R&R”) in this case, pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b) (Court File No. 23). Neither party has objected to the R&R within the given fourteen days. After reviewing the record, the Court agrees with the R&R. The Court hereby ACCEPTS and ADOPTS the magistrate judge’s findings of fact, conclusions of law, and recommendations. Accordingly, it is ORDERED that: (1) Plaintiff’s motion for Summary Judgment (Court File No. 17) is GRANTED in part to the extent that it seeks remand under sentence six and DENIED in part, to the extent it seeks reversal for an award of benefits, (2) The Commissioner’s Motion for Summary Judgment (Court File No. 20) is DENIED, (3) The Commissioner’s decision is REMANDED under Sentence Six of 42 U.S.C. § 405(g) to the Commissioner for further administrative consideration of new and material evidence under Sentence Six of 42 U.S.C. § 405(g). SO ORDERED. ENTER: /s/_________________________ CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE ENTERED AS A JUDGMENT s/ Debra C. Poplin CLERK OF COURT

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