Marcum v. Social Security Administration, Commissioner of

Filing 14

ORDER accepting in whole 13 the magistrate judge's Report and Recommendation; denying 7 plaintiff's Motion for Judgment on the Pleadings; granting 11 the defendant Commissioner's Motion for Summary Judgment; the defendant Commissioner's decision in this case denying plaintiff's application for disability insurance benefits under the Social Security Act is AFFIRMED; and this case is DISMISSED. Signed by District Judge Thomas W Phillips on September 20, 2011. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

CAROLYN J. MARCUM,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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No. 3:10-cv-122
(Phillips/Shirley)

ORDER

This Social Security appeal is before the court on the report and
recommendation filed by United States Magistrate Judge C. Clifford Shirley [Doc. 13].
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 a careful review of this matter, the court is in complete agreement with
the magistrate judge’s conclusion that the Plaintiff’s Motion for Judgment on the Pleadings
[Doc. 7] be DENIED and that the Defendant Commissioner’s Motion for Summary
Judgment [Doc. 11] be GRANTED. Accordingly, 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 incorporates into its ruling, that the Plaintiff’s Motion for
Judgment on the Pleadings [Doc. 7] is DENIED; the Defendant Commissioner’s Motion for
Summary Judgment [Doc. 11] is GRANTED; the Defendant Commissioner’s decision in this
case denying Plaintiff’s application for disability insurance benefits under the Social
Security Act is AFFIRMED; and this case is DISMISSED.

IT IS SO ORDERED.

ENTER:
s/ Thomas W. Phillips
United States District Judge