Trantham v. Berryhill

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION for 19 Report and Recommendation. Plaintiffs above-entitled Social Security action is hereby REVERSED AND REMANDED. Signed by District Judge Robert W. Schroeder, III on 9/6/2018. (slo, )

IN THE UNITED STATES DISTRICT COURT
OF THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
RONNY DALE TRANTHAM,
Plaintiff,
v.
NANCY A. BERRYHILL,
Defendant.

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No. 5:17-cv-00095-RWS-CMC

ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. ' 636. The Report of the Magistrate
Judge which contains her proposed findings of fact and recommendations for the disposition of
such action has been presented for consideration.

No objections to the Report and

Recommendation were filed. Thus, any aggrieved party is barred from de novo review by the
district court of the proposed findings and recommendations of the Magistrate Judge.
The Court agrees with the Magistrate Judge’s recommendation that the ALJ’s Step Three
analysis and residual functional capacity findings are not supported by substantial evidence.
Specifically, the ALJ did not provide any explanation as to how or why Plaintiff does not have an
impairment or combination of impairments that meets or medically equals the severity of one of
the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1, nor did the ALJ provide any
explanation for discounting Dr. Mount’s opinions. There being no grounds of plain error or
manifest injustice, the Court hereby adopts the Report of the United States Magistrate Judge as the
findings and conclusions of this Court. Accordingly, it is hereby
ORDERED that Plaintiff’s above-entitled Social Security action is hereby REVERSED
AND REMANDED. It is further
ORDERED that all motions not previously ruled on are DENIED, and the referral order

is VACATED.

SIGNED this 6th day of September, 2018.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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