Diets v. Social Security Administration et al

Filing 16

ORDER: The Court agrees with the rationale and finding of Magistrate Judge Griffin. On the facts and law, the Report and Recommendation is correct in holding that listing 3.07B has not been met. The objection is overruled. Plaintiff's Motion for Judgment on the Record, Document # 11 , is DENIED, the decision of the Commissioner is AFFIRMED, and this case is DISMISSED. It is so ORDERED. Signed by Senior Judge Thomas Wiseman on 1/4/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION

ROBIN D. DIETS,
v.
MICHAEL J. ASTRUE, Commissioner of Social
Security.

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2:11-00066

ORDER
Before the Court is the Report and Recommendation of Magistrate Judge Griffin, Document #14, and
the objection of Plaintiff thereto, Document #15. No response to the objection has been filed.
The Plaintiff’s objection to the Report and Recommendation of Magistrate Judge Griffin is the finding
of the Administrative Law Judge, in which Magistrate Judge Griffin concurred, that the Plaintiff does not meet
the requirements of Listing 3.07B. This same objection was made to Magistrate Judge Griffin and was
addressed in the Report and Recommendation.
The Court agrees with the rationale and finding of Magistrate Judge Griffin. On the facts and law, the
Report and Recommendation is correct in holding that listing 3.07B has not been met. The objection is
overruled.
Plaintiff’s Motion for Judgment on the Record, Document #11, is DENIED, the decision of the
Commissioner is AFFIRMED, and this case is DISMISSED.
It is so ORDERED.

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Thomas A. Wiseman, Jr.
Senior U.S. District Judge