Weaver v. Social Security Administration, Commissioner of

Filing 19

ORDER that the Court ACCEPTS IN WHOLE the Report and Recommendation 18 and it is ORDERED that the Plaintiff's Motion for Summary Judgment 14 is GRANTED and the Commissioner's Motion for Summary Judgment 16 is DENIED. The Commissioner's decision in this case denying plaintiff's application for disability insurance benefits is REVERSED and this case is REMANDED to the ALJ for further consideration of Dr. Whitley's opinion and plaintiff's complaints of pain, consistent with this order and the magistrate judge's Report and Recommendation. Signed by District Judge Thomas A Varlan on 5/11/12. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
PEGGY L. WEAVER,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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No.:

3:11-CV-281
(VARLAN/SHIRLEY)

ORDER
This Social Security appeal is before the Court on the Report and Recommendation
entered by United States Magistrate Judge C. Clifford Shirley, Jr., on April 23, 2012 [Doc.
18]. 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). In the Report and
Recommendation, the magistrate judge recommends that the plaintiff’s motion for summary
judgment [Doc. 14] be granted and that the Commissioner’s motion for summary judgment
[Doc. 16] be denied. The magistrate judge further recommends that the case be remanded
to the Commissioner for further consideration of Dr. Whitley’s opinion and plaintiff’s
complaints of pain, consistent with the Report and Recommendation.
The Court has carefully reviewed this matter, including the underlying motions and
the complaint and the Court is in agreement with the magistrate judge’s recommendations,
which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS

IN WHOLE the Report and Recommendation [Doc. 18], and it is ORDERED that
plaintiff’s Motion for Summary Judgment [Doc. 14] is GRANTED and the Commissioner’s
Motion for Summary Judgment [Doc. 16] is DENIED. The Commissioner’s decision in this
case denying plaintiff’s application for disability insurance benefits is REVERSED and this
case is REMANDED to the ALJ for further consideration of Dr. Whitley’s opinion and
plaintiff’s complaints of pain, consistent with this order and the magistrate judge’s Report
and Recommendation.
IT IS SO ORDERED.

s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT

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