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GILLAND v. ASTRUE, 3:11-CV-31. (2012)

Court: District Court, E.D. Tennessee Number: infdco20120118d61 Visitors: 3
Filed: Jan. 17, 2012
Latest Update: Jan. 17, 2012
Summary: ORDER THOMAS A. VARLAN, District Judge. This Social Security appeal is before the Court on the Report and Recommendation entered by United States Magistrate Judge H. Bruce Guyton on December 27, 2011 [Doc. 15]. There have been no timely objections to the Report and Recommendation and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b). In the Report and Recommendation, the ma
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ORDER

THOMAS A. VARLAN, District Judge.

This Social Security appeal is before the Court on the Report and Recommendation entered by United States Magistrate Judge H. Bruce Guyton on December 27, 2011 [Doc. 15]. There have been no timely objections to the Report and Recommendation and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). In the Report and Recommendation, the magistrate judge recommends that the plaintiff's motion for summary judgment [Doc. 9] be granted and that the Commissioner's motion for summary judgment [Doc. 13] be denied.

The Court has carefully reviewed this matter, including the underlying motions and the complaint. The Court is in agreement with the magistrate judge's recommendation, which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 15]. Additionally, it is hereby ORDERED that Plaintiff's Motion for Summary Judgment [Doc. 9] is GRANTED and the Commissioner's Motion for Summary Judgment [Doc. 13] is DENIED. The Commissioner's decision in this case denying plaintiff's application for disability, disability insurance benefits, and/or supplemental security income is REVERSED and this case is REMANDED to the ALJ for further explanation of the weight afforded to Dr. Lakatosh's opinion and for further explanation of the ALJ's credibility determination, consistent with this order and the magistrate judge's Report and Recommendation.

IT IS SO ORDERED.

Source:  Leagle

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