Kittrell v. Social Security Administration

Filing 44

ORDER AND FINAL JUDGMENT: For the reasons contained in the accompanying memorandum opinion, the Court finds that the decision of the Commissioner of Social Security is not supported by substantial evidence. The decision is therefore REVERSED and REMANDED for further proceedings to include a rehearing before a new ALJ pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Magistrate Judge Barbara D. Holmes on 3/28/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JENNIFER KITTRELL
v.
NANCY A. BERRYHILL 1
Acting Commissioner of Social Security

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No. 3:13-0557

ORDER AND FINAL JUDGMENT
This case is before the Court on Plaintiff’s complaint for judicial review of an
unfavorable final decision of the Commissioner of the Social Security Administration regarding
her application for Disability Insurance Benefits and Supplemental Security Income. The parties
have consented to entry of final judgment by the United States Magistrate Judge under the
provisions of 28 U.S.C. § 636(c), with any appeal to the Court of Appeals for the Sixth Circuit.
The Court, having reviewed the record, the administrative transcript, the briefs of the parties, and
the applicable law, finds as follows:
For the reasons contained in the accompanying memorandum opinion, the Court finds
that the decision of the Commissioner of Social Security is not supported by substantial
evidence. The decision is therefore REVERSED and REMANDED for further proceedings to
include a rehearing before a new ALJ pursuant to sentence four of 42 U.S.C. § 405(g).
This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58,
and the Clerk is directed to close this case upon entry of this Order. Additionally, because
Plaintiff’s first motion for judgment on the record (Docket No. 17), filed on November 19, 2013,
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Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill is substituted for
former Acting Commissioner Carolyn W. Colvin as the defendant in this suit.

was rendered moot by Plaintiff’s filing of an amended complaint and subsequent motion for
judgment on the record, the Clerk is also directed to terminate Docket No. 17.
It is SO ORDERED.
__________________________
BARBARA D. HOLMES
United States Magistrate Judge

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