Adkins v. Social Security Administration, Commissioner of

Filing 21

ORDER accepting in whole 20 the magistrate judge's Report and Recommendation; granting in part and denying in part 12 plaintiff's Motion for Judgment on the Pleadings; granting in part and denying in part 16 the Commissioner's Motion for Summary Judgment; and remanding this case to the Commissioner for reconsideration. Signed by District Judge Thomas W Phillips on September 26, 2011. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

LEONARD L. ADKINS,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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No. 3:10-cv-274
(Phillips/Guyton)

ORDER

This Social Security appeal is before the court on the report and recommendation
filed by United States Magistrate Judge H. Bruce Guyton [Doc. 20]. 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. 12]
be GRANTED IN PART and DENIED IN PART, and that the Commissioner’s Motion for
Summary Judgment [Doc. 16] be GRANTED IN PART and DENIED IN PART. The court rejects
Plaintiff’s allegation that the ALJ erred by failing to order a mental health consultation or evaluation,
but remands the case for further consideration of the Plaintiff’s credibility and the evidence
contained in Dr. J. Craig Ryland’s report.

Accordingly, the court ACCEPTS IN WHOLE the magistrate judge’s 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 Summary Judgment [Doc. 12] is GRANTED IN PART and
DENIED IN PART; that the Commissioner’s Motion for Summary Judgment [Doc. 16] is
GRANTED IN PART and DENIED IN PART; and that this case is REMANDED to the
Commissioner for reconsideration.

IT IS SO ORDERED.

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

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