Ramey v. Social Security Administration, Commissioner of

Filing 13

JUDGMENT ORDER granting 8 Motion for Summary Judgment; denying 10 Motion for Summary Judgment; adopting Report and Recommendations re 12 Report and Recommendations. The Commissioner's decision is REVERSED and this action is REMANDED pursuant to Sentence Four of 42 USC 405 (g). Signed by District Judge Curtis L Collier on 3/11/10. (JGK, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE DENNIS RAMEY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 2:10-CV-120 Chief Judge Curtis L. Collier JUDGMENT ORDER Plaintiff Dennis Ramey ("Plaintiff") brought this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner" or "Defendant") denying Plaintiff supplemental security income ("SSI") benefits. The Court referred the matter to United States Magistrate Judge Susan K. Lee pursuant to 28 U.S.C. 636(b)(1) and both parties filed motions for summary judgment (Court File Nos. 8, 10). Plaintiff moved this Court for the award of benefits, or in the alternative, a remand to the Commissioner (Court File No. 8). In accordance with Rule 72(b) of the Federal Rules of Civil Procedure, the magistrate judge filed a report and recommendation ("R&R") recommending Plaintiff's motion for summary judgment be granted; Defendant's motion for summary judgment be denied; the decision of the Commissioner be reversed, and that this action be remanded (Court File No. 12). Neither party filed a timely objection to the R&R. After reviewing the record, this Court agrees with the R&R. The Court hereby ACCEPTS and ADOPTS the magistrate judge's findings of fact, conclusions of law, and recommendations pursuant to 28 U.S.C. 636(b)(1) and Rule 72(b) (Court File No. 12). Accordingly, the Court ORDERS: (1) Plaintiff's motion for summary judgment (Court File No. 8) seeking remand is GRANTED. Defendant's motion for summary judgment (Court File No. 10) is DENIED. The Commissioner's decision denying benefits is REVERSED and this action is REMANDED pursuant to Sentence Four of 42 U.S.C. 405(g) for action consistent with the R&R. (2) (3) SO ORDERED. ENTER: /s/ CURTIS L. COLLIER CHIEF UNITED STATES DISTRICT JUDGE 2

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