Kiser v. Social Security Administration, Commissioner of

Filing 20

ORDER that the Court ACCEPTS IN WHOLE the Report and Recommendation. Plaintiff's motion for summary judgment 13 is GRANTED, in part; the Defendant Commissioners motion for summary judgment 15 is DENIED; and this matter isREMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings consistent with the R&R. Signed by Chief District Judge Thomas A Varlan on 10/2/13. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
STACY ALLEN KISER,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

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No.: 3:12-CV-519
(VARLAN/GUYTON)

MEMORANDUM OPINION
This Social Security appeal is before the Court on the Report and
Recommendation filed by United States Magistrate Judge H. Bruce Guyton [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).
After a careful review of the record and the parties’ pleadings, the court is in
complete agreement with the Magistrate Judge’s recommendation that plaintiff’s motion
for summary judgment be granted; the Commissioner’s motion for summary judgment be
denied; and this case remanded to the Commissioner. 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 summary judgment [Doc. 13] is GRANTED, in part; the Defendant

Commissioner’s motion for summary judgment [Doc. 15] is DENIED; and this matter is
REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for
further proceedings consistent with the R&R.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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