Swearengin v. Commissioner of Social Security (JRG2)

Filing 25

ORDER: Plaintiffs Motion for Summary Judgment 16 is GRANTED IN PART AND DENIED IN PART and the Commissioners Motion for Summary Judgment 22 is GRANTED IN PART AND DENIED IN PART. This case is REMANDED to the Social SecurityAdmin istration with instructions that the Administrative Law Judge address the apparent conflict between the vocational experts testimony and the reaching requirements in the Dictionary of Occupational Titles. Signed by Magistrate Judge Debra C Poplin on 10/17/18. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
MARY SWEARENGIN,
Plaintiff,
v.
NANCY A. BERRYHILL,1
Deputy Commissioner for Operations,
performing the duties and functions not
reserved to the Commissioner of Social Security,
Defendant.

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No. 3:17-CV-32-DCP

ORDER
For the reasons stated in the Memorandum Opinion entered contemporaneously herewith,
Plaintiff’s Motion for Summary Judgment [Doc. 16] is GRANTED IN PART AND DENIED IN
PART and the Commissioner’s Motion for Summary Judgment [Doc. 22] is GRANTED IN
PART AND DENIED IN PART.

This case is REMANDED to the Social Security

Administration with instructions that the Administrative Law Judge address the apparent conflict
between the vocational expert’s testimony and the reaching requirements in the Dictionary of
Occupational Titles.
IT IS SO ORDERED.
ENTER:

____________________________
Debra C. Poplin
United States Magistrate Judge

1

During the pendency of this case, Nancy A. Berryhill replaced Acting Commissioner
Carolyn W. Colvin. Pursuant to Federal Rule of Civil Procedure 25(d), Nancy A. Berryhill is
substituted as the Defendant in this case.