Davis v. Social Security Administration, Commissioner of

Filing 20

ORDER that the Court ACCEPTS IN WHOLE the Report and Recommendation 19 . It is ORDERED that the Commissioner's Motion for Summary Judgment 17 be DENIED; that plaintiff's Motion for Summary Judgment 13 be GRANTED only for purpose of remanding the case; that the Commissioner's decision in this case denying plaintiff's application for benefits under the Social Security Act be REVERSED; and that this case be REMANDED pursuant to sentence four of 42 U.S.C. 405(g) for a new hearing consistent with this opinion and Judge Shirley's Report and Recommendation. Signed by District Judge Thomas A Varlan on 2/10/10. (ABF)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE BETTY RUTH DAVIS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER This Social Security appeal is before the Court on the Report and Recommendation filed by United States Magistrate Judge C. Clifford Shirley on January 13, 2010 [Doc. 19]. 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). Judge Shirley found that defendant Commissioner's motion for summary judgment [Doc. 17] should be denied, and that plaintiff's motion for summary judgment [Doc. 13] should be granted for purposes of remanding the case. The Court has carefully reviewed this matter, including the underlying pleadings. The Court is in agreement with Judge Shirley's recommendation, which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 19]. Additionally, it is ORDERED that the Commissioner's motion

No.:

3:08-CV-434 (VARLAN/SHIRLEY)

for summary judgment [Doc. 17] be DENIED; that plaintiff's motion for summary judgment [Doc. 13] be GRANTED only for purposes of remanding the case; that the Commissioner's decision in this case denying plaintiff's application for benefits under the Social Security Act be REVERSED; and that this case be REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for a new hearing consistent with this opinion and Judge Shirley's Report and Recommendation. IT IS SO ORDERED.

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

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