Richardson v. Social Security Administration, Commissioner of

Filing 20

ORDER adopting Report and Recommendations re 19 Report and Recommendations denying 13 Motion for Judgment on the Pleadings; granting 17 Motion for Summary Judgment. The defendant Commissioner's 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 6/4/2014. (JDH)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE JERRY WAYNE RICHARDSON, Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) No. 2:13-CV-101 ORDER This Social Security appeal is before the court on the report and recommendation filed May 5, 2014, by United States Magistrate Judge C. Clifford Shirley [doc. 19]. The magistrate judge found that the decision of the administrative law judge (“ALJ”) is supported by substantial evidence. 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. 17] 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 2

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