Baker v. Colvin (PLR2)

Filing 21

MEMORANDUM OPINION AND ORDER: After reviewing the record, the Court agrees with the R&R and ADOPTS it. For the reasons stated in the R&R, Baker's motion for summary judgment is GRANTED and the Commissioner's is DENIED with respect to the testimony of Dr. David Snow. In all other respects, Baker's motion is DENIED and the Commissioner's is GRANTED. This case is REMANDED to the ALJ. Signed by District Judge Pamela L Reeves on 11/2/16. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
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Plaintiff,
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v.
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CAROLYN COLVIN, Acting Commissioner )
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of Social Security Administration,
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Defendant.
STEPHANIE BAKER,

No. 3:15-cv-224-PLR-CCS

Memorandum Opinion and Order
Before the Court is Magistrate Judge Shirley’s Report and Recommendation (“R&R”).
[D. 19]. There have been no objections to the R&R, and enough time has passed to treat any
objection as forfeited. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b)(2).
After reviewing the record, the Court agrees with the R&R and ADOPTS it. For the reasons
stated in the R&R, Baker’s motion for summary judgment is GRANTED and the
Commissioner’s is DENIED with respect to the testimony of Dr. David Snow. In all other
respects, Baker’s motion is DENIED and the Commissioner’s is GRANTED. This case is
REMANDED to the ALJ. On remand, the ALJ must reassess the opinion of Dr. Snow and
provide good reasons for the weight given his testimony, in accordance with 20 C.F.R.
§ 416.927(c)(2) and SSR 96-2p, 61 Fed. Reg. 34,490, 34,492 (July 2, 1996).
IT IS SO ORDERED.

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UNITED STATES DISTRICT
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UNITED STATES DISTRICT JUDGE

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