French v. Social Security Administration, Commissioner of
Filing
24
ORDER, entered as a judgment by the Clerk, accepting in whole 23 the Magistrate Judge's Report and Recommendation; granting in part 16 plaintiff's Motion for Summary Judgment; denying 21 the Commissioner's Motion for Summary Judgment; and this case is REMANDED to the Commissioner for further proceedings as set forth herein. Signed by District Judge Pamela L Reeves on May 11, 2015. (AYB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
KELLY ANN FRENCH,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.
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3:14-CV-138-PLR-HBG
MEMORANDUM AND ORDER
This Social Security appeal is before the court on the Report and Recommendation
filed by United States Magistrate Judge, H. Bruce Guyton [R. 23]. 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, to the extent that this matter shall be remanded for
further fact finding. 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 [R. 16] is
GRANTED in part; the Commissioner’s motion for summary judgment [R. 21] is
DENIED; and this case is REMANDED to the Commissioner for further proceedings as
follows:
1.
The Administrative Law Judge (ALJ) shall reconsider Dr. Hauge’s opinion
by applying the treating physician rule.
Should Dr. Hauge’s opinion not be due
controlling weight, the ALJ shall provide sufficient explanation as to the weight assigned
so that his reasoning will be clear to a subsequent reviewer;
2.
The ALJ shall consider Dr. Fisher’s letter as a treating physician opinion
hereby incorporated into the administrative record. Should Dr. Fisher’s opinion not be
due controlling weight, the ALJ shall provide sufficient explanation so that his reasoning
will be clear to a subsequent reviewer; and
3.
Upon reconsideration of Dr. Hauge’s opinion, the ALJ shall review Mr.
Galloway’s vocational assessment, determining specifically whether the weight assigned
Dr. Hauge’s opinion in any way impacts or changes the weight due Mr. Galloway’s
vocational assessment.
IT IS SO ORDERED.
Enter:
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UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT
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