Witte v. Social Security Administration

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Report and Recommendation (Doc. No. 18) is ADOPTED, Plaintiff's First Motion for Judgment on the Record (Doc. No. 14 ) is GRANTED, and this case is hereby REMANDED to the Commissioner for furthe r proceedings in accordance with 42 U.S.C. § 405(g). Plaintiff filed his Motion for Attorneys Fees (Doc. No. 19) prematurely, and that Motion is DENIED WITHOUT PREJUDICE to refiling. The Clerk of the Court shall enter a final Judgment in accordance with Rule 58. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/20/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JAMES DOUGLAS WITTE, Plaintiff, v. NANCY BERRYHILL, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) No. 3:15-cv-00580 Chief Judge Crenshaw ORDER The Magistrate Judge has entered a Report and Recommendation (Doc. No. 18) recommending that Plaintiff’s First Motion for Judgment on the Record (Doc. No. 14) be granted and that this case be remanded to the Commissioner of Social Security “for a new decision identifying good reasons for the weight given to the treating physician’s opinion and for any additional administrative proceedings deemed necessary and appropriate by the Commissioner.” (Doc. No. 18 at 17). No objections have been filed to the Report and Recommendation. Having undertaken the de novo review required by Rule 72 of the Federal Rules of Civil Procedure, the Court agrees with the recommended disposition. Accordingly, the Report and Recommendation (Doc. No. 18) is ADOPTED, Plaintiff’s First Motion for Judgment on the Record (Doc. No. 14) is GRANTED, and this case is hereby REMANDED to the Commissioner for further proceedings in accordance with 42 U.S.C. § 405(g). While a remand under § 405(g) “makes the plaintiff a ‘prevailing party’” under the Equal Access to Justice Act, Turner v. Comm'r of Soc. Sec., 680 F.3d 721, 723 (6th Cir. 2012), Plaintiff filed his Motion for Attorney’s Fees (Doc. No. 19) prematurely, and that Motion is DENIED WITHOUT 1 PREJUDICE to refiling. The Clerk of the Court shall enter a final Judgment in accordance with Rule 58. IT IS SO ORDERED. ________________________________________ WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE 2

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