Rucker v. Social Security Administration, Commissioner of (PLR2)

Filing 20

MEMORANDUM AND OPINION finding that the court ACCEPTS IN WHOLE the Report and Recommendation under. It is ORDERED, for the reasons stated in the Report and Recommendation, which the court adopts and incorporates into its ruling, tha t the plaintiffs 16 motion for summary judgment is GRANTED to the extent it seeks a remand to the Commissioner and DENIED to the extent it seeks an awardof benefits; the Commissioners 17 motion for summary judgment is DENIED; theCommissioners decision in this case denying plaintiffs application for benefits under the Social Security Act is REVERSED AND REMANDED. Signed by District Judge Pamela L Reeves on 9/21/2017. (MDG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE

YOLANDA B. RUCKER,

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Plaintiff,
v.

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

No.: 1:16-cv-00108
PLR-SKL

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MEMORANDUM OPINION
This Social Security appeal is before the court on the Report and Recommendation
filed by United States Magistrate Judge, Susan K. Lee [R. 19]. There have been no timely
objections to the Report and Recommendation, and enough time has passed since the filing
of the Report and Recommendation to treat any objections as having been waived. See 28
U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b).
After a careful review of the record and the parties’ pleadings, the court is in
complete agreement with the Magistrate Judge’s recommendation that this matter be
remanded to the Commissioner for appropriate consideration of all the relevant evidence.
Specifically, the Commissioner shall consider whether plaintiff’s use of a cane to ambulate
affects the RFC finding, and whether there are jobs in the national economy that plaintiff
could perform.
Accordingly, the court ACCEPTS IN WHOLE the Report and Recommendation
under 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). It is ORDERED, for the reasons

stated in the Report and Recommendation, which the court adopts and incorporates into its
ruling, that the plaintiff’s motion for summary judgment [R. 16] is GRANTED to the
extent it seeks a remand to the Commissioner and DENIED to the extent it seeks an award
of benefits; the Commissioner’s motion for summary judgment [R. 17] is DENIED; the
Commissioner’s decision in this case denying plaintiff’s application for benefits under the
Social Security Act is REVERSED AND REMANDED pursuant to Sentence Four of 42
U.S.C. § 405(g).
Enter:
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UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT
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