Cogdell v. Social Security Administration, Commissioner of

Filing 26

ORDER ACCEPTING IN WHOLE the 25 Report and Recommendation. The plaintiffs 15 Motion for Judgment on the Pleadings is GRANTED to the extent that this case is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation, and the defendants 20 Motion for Summary Judgment is DENIED. Signed by District Judge Thomas W Phillips on 1/4/2016. (MGM)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
SAMUEL P. COGDELL

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

No. 2:14-CV-268

ORDER
This Social Security case is before the Court to consider the Report and
Recommendation [Doc. 25] of United States Magistrate Judge Clifton L. Corker dated
December 2, 2015.

In that Report and Recommendation, Magistrate Judge Corker

recommends that the plaintiff’s motion for judgment on the pleadings [Doc. 15] be
granted and the case be remanded to the Commissioner for a consultative examination to
further understand the extent of the plaintiff’s physical impairments.

Judge Corker

further recommends that the defendant’s motion for summary judgment [Doc. 25] be
denied. No objections to the Report and Recommendation have been filed and the time
for doing so has passed. 28 U.S.C. § 636(b)(1), E.D. Tenn. L.R. 7.2.
The Court has carefully reviewed this matter, including the administrative record
and the underlying pleadings [Docs. 9, 15, 13, 20, 21, 24]. The Court is in agreement
with Magistrate Judge Corker’s recommendation which the Court adopts and
incorporates into its ruling. Accordingly, the Court ACCEPTS IN WHOLE the Report
and Recommendation [Doc. 25]. The plaintiff’s motion for judgment on the pleadings
[Doc. 15] is GRANTED to the extent that this case is REMANDED to the

Commissioner for further proceedings consistent with the Report and Recommendation,
and the defendant’s motion for summary judgment [Doc. 20] is DENIED.
IT IS SO ORDERED.
s/ Thomas W. Phillips
SENIOR UNITED STATES DISTRICT JUDGE

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