Brewer v. Social Security Administration, Commissioner of

Filing 19

ORDER that 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 incorp orates into its ruling, that plaintiffs motion for judgment on thepleadings is DENIED; that the defendant Commissioners motion for summary judgment is GRANTED; and that the defendant Commissioners decision in this case denying plaintiffs application for benefits under the Social Security Act is AFFIRMED. This case is DISMISSED. Signed by District Judge R Leon Jordan on 2/27/14. (ABF)

IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF TENNESSEE
GREENEVILLE DIVISION
TAMMY DIANE BREWER,
Plaintiff,

v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 2:13-CV-28

ORDER
This Social Security appeal is before the court on the report and
recommendation filed February 5, 2014, by United States Magistrate Judge C. Clifford
Shirley [doc. 18]. The magistrate judge found that the decision of the administrative law
judge (“ALJ”) is supported by substantial evidence and that the correct legal standards were
applied. He recommended that the plaintiff’s motion for judgment on the pleadings [doc. 13]
be denied and that the defendant Commissioner’s motion for summary judgment [doc. 16]
be granted. 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); Federal Rule of Civil
Procedure 72(b).
After a careful review of this matter, the court is in complete agreement with
the magistrate judge’s conclusion that there is substantial evidence in this record to support

the decision of the ALJ that plaintiff is not disabled and therefore not entitled to disability
insurance benefits under the Social Security Act. The court therefore 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 plaintiff’s motion for judgment on the
pleadings is DENIED; that the defendant Commissioner’s motion for summary judgment is
GRANTED; and that the defendant Commissioner’s decision in this case denying plaintiff’s
application for benefits under the Social Security Act is AFFIRMED. This case is
DISMISSED.

IT IS SO ORDERED.

ENTER:

s/ Leon Jordan
United States District Judge

ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT

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