Hickman v. Social Security Administration

Filing 18

ORDER: Accordingly, the Report and Recommendation (Doc. No. 25) is ADOPTED, Plaintiff's First Motion for Judgment on the Record (Doc. No. 13) is GRANTED insofar as she seeks a remand, and this case is hereby REMANDED to the Commissioner f or further proceedings in accordance with 42 U.S.C. § 405(g). Even though a remand under § 405(g) "makes the plaintiff a 'prevailing party'" under the Equal Access to Justice Act, Turner v. Comm'r of Soc. Se c., 680 F.3d 721, 723 (6th Cir. 2012), Plaintiff filed her Motion for Attorney's Fees (Doc. No. 16) prematurely. That Motion is DENIED WITHOUT PREJUDICE to refiling. The Clerk of the Court shall enter a final judgment in accordance with Rule 58. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/17/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
SHEENA LEIGH HICKMAN,

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Plaintiff,
v.
SOCIAL SECURITY ADMINISTRATION
Defendant.

No. 1:16-cv-00097
Chief Judge Crenshaw

ORDER
The Magistrate Judge has entered a Report and Recommendation (Doc. No. 15)
recommending that Plaintiff’s First Motion for Judgment on the Record (Doc. No. 13) be granted
in part and denied in part, and that the case be remanded to the Social Security Administration to
allow the Administrative Law Judge “to conduct a proper credibility assessment, and reconsider his
disability determination based on that reassessment.” (Doc. No. 15 at 1). No objections have been
filed to the Report and Recommendation. Having undertaken the de novo review required by Rule
72 of the Federal Rules of Civil Procedure, the Court agrees with the recommended disposition.
Accordingly, the Report and Recommendation (Doc. No. 25) is ADOPTED, Plaintiff’s First
Motion for Judgment on the Record (Doc. No. 13) is GRANTED insofar as she seeks a remand, and
this case is hereby REMANDED to the Commissioner for further proceedings in accordance with
42 U.S.C. § 405(g).
Even though a remand under § 405(g) “makes the plaintiff a ‘prevailing party’” under the
Equal Access to Justice Act, Turner v. Comm'r of Soc. Sec., 680 F.3d 721, 723 (6th Cir. 2012),
Plaintiff filed her Motion for Attorney’s Fees (Doc. No. 16) prematurely. That Motion is DENIED

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WITHOUT PREJUDICE to refiling.
The Clerk of the Court shall enter a final judgment in accordance with Rule 58.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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