Burns v. Social Security Administration

Filing 18

ORDER: The Report and Recommendation (Docket No. 17) is ACCEPTED and APPROVED. Plaintiff's Motion for Judgment on the Administrative Record (Docket No. 12) is GRANTED. The decision of the SSA is REVERSED. This matter is REMANDED for fur ther administrative proceedings consistent with this decision, including rehearing. The Clerk of the Court shall enter a final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by Chief Judge Kevin H. Sharp on 4/1/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
GLORIA JEAN BURNS,
Plaintiff,
v.
SOCIAL SECURITY
ADMINISTRATION,
Defendant.

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No. 3:14-cv-01817
Judge Sharp
Magistrate Judge Bryant

ORDER
Plaintiff Gloria Jean Burns filed this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c).
She seeks review of the final decision of the Social Security Administration (“SSA”) denying her
disability insurance benefits and supplemental social security income, as provided for under
Titles II and XVI of the Social Security Act. Plaintiff filed a Motion for Judgment on the
Administrative Record (Docket No. 12), to which the SSA has responded in opposition (Docket
No. 15), and Plaintiff has replied (Docket No. 16).
Magistrate Judge Bryant has issued a Report and Recommendation (“R & R”) (Docket
No. 17) in which he recommends that Plaintiff’s Motion be granted, the decision of the SSA be
reversed, and this matter be remanded for further administrative proceedings. Despite being
advised that any objection needed to be filed within fourteen days, the SSA has filed none.
Having considered the matter de novo as required by Rule 72 of the Federal Rules of
Civil Procedure, the Court agrees with the recommended disposition. Accordingly, the Court
hereby rules as follows:
(1)
APPROVED;

The Report and Recommendation (Docket No. 17) is ACCEPTED and

(2)

Plaintiff’s Motion for Judgment on the Administrative Record (Docket No. 12) is

GRANTED;
(3)

The decision of the SSA is REVERSED; and

(4)

This matter is REMANDED for further administrative proceedings consistent

with this decision, including rehearing.
The Clerk of the Court shall enter a final judgment in accordance with Rule 58 of the
Federal Rules of Civil Procedure.
It is SO ORDERED.
_______________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE