Dugger v. Social Security Administration, Commissioner of (RLJ2)

Filing 22

ORDER: 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 [doc. 14 ] is GRANTED insofar as P laintiff seeks a remand and that Defendant's Motion for Summary Judgment [doc. 19 ] is DENIED. This case is REMANDED to the Commissioner for further explanation of the weight that the Administrative Law Judge accorded to the opinion of Plaintiff's treating physician, Dr. McElroy. Signed by District Judge R Leon Jordan on 3/6/17. (JBR)

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF TENNESSEE
GREENEVILLE DIVISION

NICOLA MARIE DUGGER,

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Plaintiff,
v.
COMMISSIONER OF THE SOCIAL
SECURITY ADMIN.
Defendant.

No. 2:16-cv-34

ORDER
This civil action is before the court on the Report and Recommendation [doc. 21]
filed by United States Magistrate Judge Clifton L. Corker. 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); Fed. R. Civ. P. 72(b).
After careful consideration of this matter, the Court is in complete agreement with
Magistrate Judge Corker’s conclusions. The Court therefore ACCEPTS IN WHOLE the
Report and Recommendation under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil
Procedure 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 [doc. 14] is GRANTED insofar as Plaintiff seeks a
remand and that Defendant’s Motion for Summary Judgment [doc. 19] is DENIED. This
case is REMANDED to the Commissioner for further explanation of the weight that the

Administrative Law Judge accorded to the opinion of Plaintiff’s treating physician, Dr.
McElroy.
IT IS SO ORDERED.
ENTER:

s/ Leon Jordan
United States District Judge

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