Kennedy v. Social Security Administration, Commissioner of

Filing 16

JUDGMENT ORDER granting 9 Motion for Judgment on the Pleadings; denying 11 Motion for Summary Judgment; and accepting and adopting the 13 Report and Recommendation. The Court REVERSES the Commissioner's decision and REMANDS this case pursuant to Sentence Four of 42 U.S.C. § 405(g). Signed by District Judge Curtis L Collier on 8/7/2013. ENTERED AS A JUDGMENT by Debra C. Poplin, CLERK OF COURT. (BJL, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE MELISSA REN’E KENNEDY Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY Defendant. ) ) ) ) ) ) ) ) ) ) Case No: 2:12-CV-226 Judge Curtis L. Collier JUDGMENT ORDER Plaintiff Melissa Ren’e Kennedy (“Plaintiff”) brought this action on June 1, 2012 seeking judicial review of the final decision of the Commissioner of Social Security (“Defendant”) denying Plaintiff’s claim for Supplemental Security Income (“SSI”) under Title XVI of the Social Security Act, 42 U.S.C. § 1382. The Court referred the matter to United States Magistrate Judge Susan K. Lee, pursuant to 28 U.S.C. § 636(b) and in accordance with Rule 72(b) of the Federal Rules of Civil Procedure for a report and recommendation (“R&R”) regarding the disposition of Plaintiff’s motion for judgment on the pleadings (Court File No. 9) and Defendant’s motion for summary judgment (Court File No. 11). The magistrate judge filed an R&R (Court File No. 13) recommending the decision of the Commissioner be reversed and remanded, Plaintiff’s motion of judgment on the pleadings be granted in part and denied in part (Court File No. 9), and Defendant’s motion for summary judgment be denied (Court File No. 11). Defendant timely filed an objection to the R&R (Court File No. 14), to which Plaintiff did not file any response. For the reasons discussed in this order’s accompanying memorandum, the Court will ACCEPT and ADOPT the magistrate judge’s R&R (Court File No. 13). The Court GRANTS Plaintiff’s motion for judgment on the pleadings (Court File No. 9), and DENIES Defendant’s motion for summary judgment (Court File No. 11). The Court REVERSES the Commissioner’s decision and REMANDS this case pursuant to Sentence Four 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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