Netherton v. Social Security Administration

Filing 38

ORDER: adopting Report and Recommendations re 34 Report and Recommendation; denying 27 Motion for Judgment on the Record. Signed by District Judge Aleta A. Trauger on 3/27/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

MICHAEL NETHERTON,
Plaintiff,
v.
NANCY A. BERRYHILL,
Deputy Commissioner of Operations of
the Social Security Administration, 1
Defendant.

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Case No. 3:15-cv-0186
Judge Aleta A. Trauger

ORDER
Before the court are plaintiff Michael Netherton’s Objections (Doc. No. 35) to the
magistrate judge’s Report and Recommendation (“R&R”) (Doc. No. 34), recommending that the
plaintiff’s Motion for Judgment on the Administrative Record (Doc. No. 27) be denied and that
the Social Security Administration’s denial of benefits be affirmed.
For the reasons explained in the accompanying Memorandum, the Objections are
OVERRULED, and the court ACCEPTS and ADOPTS the Report and Recommendation. The
plaintiff’s Motion for Judgment (Doc. No. 27) is DENIED, and the Social Security
Administration’s decision is AFFIRMED.

1

Nancy A. Berryhill was the Acting Commissioner of Social Security beginning January
23, 2017. However, her acting status ended as a matter of law in November 2017 pursuant to the
Federal Vacancies Reform Act, 5 U.S.C. § 3345 et seq., and Berryhill returned to her position of
record as Deputy Commissioner of Operations. According to the agency’s Social Security
Administration’s website, “[i]n accordance with the agency’s Order of Succession, [Berryhill]
continues to lead the Social Security Administration as we await the nomination and
confirmation of a Commissioner.” https://www.ssa.gov/agency/commissioner.html (last accessed
March 26, 2018).

2

The Clerk shall enter judgment in accordance with Fed. R. Civ. P. 58(b).
It is so ORDERED.
ENTER this 27th day of March 2018.

ALETA A. TRAUGER
United States District Judge