Smith v. Social Security Administration, Commissioner of (TV2)

Filing 23

ORDER that the Court is in agreement with Magistrate Judge Guytons recommendations, which the Court adopts and incorporates into its ruling. Accordingly, plaintiffs Motion for Judgment on the Pleadings 14 isGRANTED in part and DEN IED in part. Defendants Motion for Summary Judgment 20 is GRANTED in part and DENIED in part. This case is herebyREMANDED to the Commissioner for further proceedings consistent with the R&R. Signed by Chief District Judge Thomas A Varlan on 6/12/14. (ABF)

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

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No.: 3:13-CV-287-TAV-HBG

ORDER
This matter is before the Court on the Report and Recommendation (the “R&R”)
entered by United States Magistrate Judge H. Bruce Guyton on May 16, 2014 [Doc. 22].
In the R&R, Magistrate Judge Guyton recommended that plaintiff’s Motion for Judgment
on the Pleadings [Doc. 14] and defendant’s Motion for Summary Judgment [Doc. 20] be
granted in part and denied in part. Further, Magistrate Judge Guyton recommended that
this case be remanded to the Commissioner for further proceedings consistent with the
R&R. There have been no timely objections to the R&R, and enough time has passed
since the filing of the R&R 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 matter, the Court is in agreement with Magistrate
Judge Guyton’s recommendations, which the Court adopts and incorporates into its
ruling. Accordingly, plaintiff’s Motion for Judgment on the Pleadings [Doc. 14] is
GRANTED in part and DENIED in part. Defendant’s Motion for Summary Judgment

[Doc. 20] is GRANTED in part and DENIED in part.

This case is hereby

REMANDED to the Commissioner for further proceedings consistent with the R&R.
IT IS SO ORDERED.

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

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