Johnson v. Social Security Administration, Commissioner of (TV1)

Filing 17

ORDER: The Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 16 ], and it is ORDERED that the Commissioner's Motion for Summary Judgment [Doc. 14 ] is DENIED and plaintiff's Motion for Judgment on the Pleadings [Doc. 11 ] is GRANTED. This case is hereby REMANDED for further proceedings consistent with the Report and Recommendation. Signed by Chief District Judge Thomas A Varlan on 12/30/15. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
KANDY JOHNSON,

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Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

No.:

3:14-CV-436-TAV-CCS

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 December 8, 2015
[Doc. 16]. 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 plaintiff’s motion
for judgment on the pleadings [Doc. 11] be granted and that the Commissioner’s motion
for summary judgment [Doc. 14] be denied. He further recommends that, upon remand,
the ALJ (1) reevaluate plaintiff’s claim of fibromyalgia consistent with SSR 12-2p, (2)
review and address Dr. Lockwood’s medical records, and (3) consider acquiring additional
medical evidence and/or opinions from Dr. Lockwood or others, if and as needed, to
evaluate the functional limitations, if any, caused by plaintiff’s fibromyalgia.
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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. 16], and it is
ORDERED that the Commissioner’s Motion for Summary Judgment [Doc. 14] is
DENIED and plaintiff’s Motion for Judgment on the Pleadings [Doc. 11] is GRANTED.
This case is hereby REMANDED for further proceedings consistent with the Report and
Recommendation.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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