Jagdeo v. Social Security Administration, Commissioner of (TWP1)

Filing 25

JUDGMENT ORDER: The Court Court ACCEPTS IN WHOLE the Report and Recommendation 24 . The plaintiffs motion for summary judgment 17 is GRANTED in part to the extent that it seeks remand to the Commissioner. The Commissioners motion for summary judgment 22 is DENIED. The Commissioners decision is REVERSED and REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with Magistrate Judge Poplins Report and Recommendation 24 . Signed by District Judge Thomas W Phillips on 3/11/19. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
RUSSELL R. JAGDEO,

)
)
Plaintiff,
)
)
v.
)
)
NANCY A. BERRYHILL,
)
Acting Commissioner of Social Security, )
)
Defendant.
)

No.

3:17-CV-469
Judge Phillips

ORDER
This Social Security case is before the Court to consider the Report and
Recommendation of United States Magistrate Judge Debra C. Poplin dated February 19,
2019 [Doc. 24]. Judge Poplin recommends that the plaintiff’s motion for summary
judgment [Doc. 17] be granted in part and the case be remanded to the Commissioner for
further proceedings. Judge Poplin further recommends that the defendant’s motion for
summary judgment [Doc. 22] be denied. No objections to the Report and Recommendation
have been filed and the time for doing so has passed. 28 U.S.C. § 636(b)(1); E.D. Tenn.
L.R. 7.2.
The Court has carefully reviewed this matter, including the administrative record
and the underlying pleadings [Docs. 17, 18, 22, 23]. The Court is in agreement with
Magistrate Judge Poplin’s recommendation which the Court adopts and incorporates into
its ruling.

Accordingly, the Court ACCEPTS IN WHOLE the Report and

Recommendation [Doc. 24]. The plaintiff’s motion for summary judgment [Doc. 17] is

GRANTED in part to the extent that it seeks remand to the Commissioner.

The

Commissioner’s motion for summary judgment [Doc. 22] is DENIED.

The

Commissioner’s decision is REVERSED and REMANDED pursuant to Sentence Four
of 42 U.S.C. § 405(g) for further proceedings consistent with Magistrate Judge Poplin’s
Report and Recommendation [Doc. 24].
IT IS SO ORDERED.

s/ Thomas W. Phillips
SENIOR UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT
s/ John L. Medearis
CLERK OF COURT

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