Rigger v. Social Security Administration, Commissioner of (PLR1)

Filing 24

ORDER that the Court ACCEPTS IN WHOLE the Report and Recommendation. Plaintiffs motion for summary judgment 14 is GRANTED in part; the Commissioners motion for summary judgment 21 is DENIED; and this case is REMANDED to the Commissioner for further proceedings. Signed by District Judge Pamela L Reeves on 8/13/15. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

BRANDY M. RIGGER,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

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3:14-CV-263-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 factfinding. 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. 14] 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:
The Administrative Law Judge shall reassess Plaintiff’s residual functional
capacity based on a consideration of the record as a whole, specifically considering LPC
Lloyd and APN Preston’s opinions and weighing their records in accordance with 20
C.F.R. §§ 404.1527(c) and 416.927(c).
IT IS SO ORDERED.
Enter:

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UNITED STATES DISTRICT JUDGE