Scurlock v. Social Security Administration

Filing 19

ORDER: The Report and Recommendation (Doc. No. 18 ) is APPROVED AND ADOPTED; the Amended Motion for Judgment on the Administrative Record (Doc. No. 14 ) is GRANTED; and the final decision of the Social Security Administration is REMANDED, pursua nt to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings consistent with the Report and Recommendation. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/23/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COOKEVILLE DIVISION
KRISTI LEANNE SCURLOCK,
Plaintiff,
v.
COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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NO. 2:17-cv-00054
CHIEF JUDGE CRENSHAW

ORDER
Pending before the Court is a Report and Recommendation (Doc. No. 18) in which the
Magistrate Judge recommends granting the Plaintiff’s Amended Motion for Judgment on the
Administrative Record (Doc. No. 15) and remanding the final decision of the Social Security
Administration. No objection to the Report and Recommendation has been filed by the
Government. The Court has carefully reviewed the thorough Report and Recommendation and
agrees with the Magistrate Judge’s analysis. Specifically, it is necessary to conduct further
administrative proceedings in this case because “there are simply too many errors in the ALJ’s
analysis to conclude that substantial evidence supports the administrative opinion, including the
ALJ’s failure to explain her decision to give disparate weight to the opinions of Dr. Elazar and Ms.
Prince, and her related failure to justify elevating the opinions of the non-examining State
consultants opinions over others included in the record.” (Doc. No. 18 at 13.) Accordingly, the
Report and Recommendation (Doc. No. 18) is APPROVED AND ADOPTED; the Amended

Motion for Judgment on the Administrative Record (Doc. No. 14) is GRANTED; 1 and the final
decision of the Social Security Administration is REMANDED, pursuant to sentence four of 42
U.S.C. § 405(g), for further administrative proceedings consistent with the Report and
Recommendation.
IT IS SO ORDERED.

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

1

Plaintiff’s original Motion for Judgment on the Pleadings (Doc. No. 13) was superseded by the
Amended Motion without objection. The original Motion is therefore DENIED AS MOOT.
2