Rodgers v. Social Security Administration, Commissioner of

Filing 24

ORDER: The Report and Recommendation ("R&R") (Doc. No. 23 ) is APPROVED AND ADOPTED; Plaintiff's Motion for Judgment on the Administrative Record (Doc. No. 17 ) is GRANTED; and pursuant to sentence four of 42 U.S.C. § 405(g), t he final decision of the of the Commissioner is REVERSED and REMANDED for further administrative proceedings consistent with the R&R. Signed by Chief Judge Waverly D. Crenshaw, Jr. on 9/8/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
MILBURN SMITH RODGERS,
Plaintiff,
v.
ANDREW M. SAUL,
Commissioner of Social Security
Defendant.

)
)
)
)
)
)
)
)
)
)

No. 2:19-cv-00030

ORDER
Before the Court is the Magistrate Judge’s Report and Recommendation (“R&R”) (Doc.
No. 23) recommending that the Court grant Plaintiff’s Motion for Judgment on the Administrative
Record (Doc. No. 17), reverse the Social Security Administration’s (“Commissioner”) final
decision denying benefits, and remand this case for further administrative proceedings. No timely
objections to the R&R have been filed despite the R&R’s specific warnings regarding waiver. (See
Doc. No. 23 at 18.)
Having thoroughly reviewed the R&R, the Court agrees with the Magistrate Judge’s
analysis. Specifically, the Court agrees that the ALJ erred at step three by not evaluating the results
of Plaintiff’s October 14, 2016 pulmonary test. (Id. at 12–13.) The Court also agrees that the ALJ’s
one-sentence dismissal of Dr. David Our’s opinion violates the good reasons rule. (Id. at 16.) For
the reasons stated in the R&R, neither of these errors were harmless. (Id. at 13, 17–18.)
Accordingly, the R&R (Doc. No. 23) is APPROVED AND ADOPTED; Plaintiff’s
Motion for Judgment on the Administrative Record (Doc. No. 17) is GRANTED; and pursuant to
sentence four of 42 U.S.C. § 405(g), the final decision of the of the Commissioner is REVERSED
and REMANDED for further administrative proceedings consistent with the R&R.

Case 2:19-cv-00030 Document 24 Filed 09/08/20 Page 1 of 2 PageID #: 472

IT IS SO ORDERED.

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

2
Case 2:19-cv-00030 Document 24 Filed 09/08/20 Page 2 of 2 PageID #: 473