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, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE

MELISSA REN’E KENNEDY
Plaintiff,
v.

COMMISSIONER OF SOCIAL SECURITY
Defendant.

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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