Juarez v. Social Security Administration, Commissioner of

Filing 14

ORDER: the Court ACCEPTS and ADOPTS Magistrate Judge Lee's 13 Report and Recommendations. The Court ORDERS that Plaintiff's 7 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART and that Defendant's 11 Motion for Summary Judgment is DENIED. The Commissioner's decision denying benefits is REVERSED and REMANDED for further evaluation. Signed by District Judge Harry S. Mattice, Jr. (BJL, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at GREENEVILLE SARAH JUAREZ, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER United States Magistrate Judge Susan K. Lee filed her report and recommendation pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b) on February 8, 2010 [Court Doc. 13]. Neither party filed objections within the given 14 days. After reviewing the record, the Court agrees with Magistrate Judge Lee's report and recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Lee's findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule 72(b). Magistrate Judge Lee recommended that Plaintiff's Motion for Summary Judgment [Court Doc. 7] be granted. To the extent that Plaintiff requested a reversal of the Commissioner's decision and an award of benefits, Plaintiff's Motion is DENIED. To the extent that Plaintiff requested a remand of this action, Plaintiff's Motion is GRANTED. Accordingly, the Court ORDERS that Plaintiff's Motion for Summary Judgment [Court Doc. 7] is GRANTED IN PART and DENIED IN PART and that Defendant's Motion for Summary Judgment [Court Doc. 11] is DENIED. The Commissioner's decision denying benefits is REVERSED and REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g) for further

Case No. 2:09-cv-160 Judge Mattice

evaluation. SO ORDERED this 1st day of March, 2010.

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