Whittaker v. Social Security Administration

Filing 20

ORDER: Accordingly, the Report and Recommendation (Doc. No. 19) is APPROVED AND ADOPTED. The Motion for Judgment on the Administrative Record (Doc. No. 15) is GRANTED and the decision of the Commissioner is REVERSED AND REMANDED under the fourth s entence of 42 U.S.C. § 405(g) for a new hearing and determination consistent with the Report and Recommendation and based upon substantial evidence. This is a final order under the Federal Rules of Civil Procedure. The clerk shall close the file. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/31/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COOKEVILLE DIVISION
LAURIE A. WHITTAKER,
Plaintiff,
v.
COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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NO. 2:17-cv-00036
CHIEF JUDGE CRENSHAW

ORDER
Before the Court is a Report and Recommendation from the Magistrate Judge (Doc. No.
19) recommending that the Court grant Laurie A. Whittaker’s Motion for Judgment on the
Pleadings and Administrative Record (Doc. No. 15). The Defendant has not filed any objections
to the Report and Recommendation. The Court has reviewed the record, the Administrative Law
Judge’s (“ALJ”) decision, and the Report and Recommendation. The Court agrees with the
thorough analysis of the Magistrate Judge and the conclusion, explained in the Report and
Recommendation, that the ALJ’s decision concerning residual functional capacity is not supported
by substantial evidence.
Accordingly, the Report and Recommendation (Doc. No. 19) is APPROVED AND
ADOPTED. The Motion for Judgment on the Administrative Record (Doc. No. 15) is GRANTED
and the decision of the Commissioner is REVERSED AND REMANDED under the fourth
sentence of 42 U.S.C. § 405(g) for a new hearing and determination consistent with the Report and
Recommendation and based upon substantial evidence. This is a final order under the Federal
Rules of Civil Procedure. The clerk shall close the file.

IT IS SO ORDERED.

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

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