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England v. Colvin

United States District Court, E.D. Tennessee, Greenville Division

November 13, 2014

LINDA F. ENGLAND, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

THOMAS A. VARLAN, Chief District Judge.

This matter is before the Court on the Report and Recommendation (the "R&R") entered by United States Magistrate Judge H. Bruce Guyton on October 23, 2014 [Doc. 19]. In the R&R, Magistrate Judge Guyton recommended that plaintiff's Motion for Judgment on the Pleadings [Doc. 14] be granted, that defendant's Motion for Summary Judgment [Doc. 16] be denied, and that this matter be remanded to the Commissioner of Social Security for further proceedings. There have been no timely objections to the R&R, and enough time has passed since the filing of the R&R to treat any objections as having been waived. See 28 U.S.C. ยง 636(b)(1); Fed.R.Civ.P. 72(b).

After a careful review of the matter, the Court is in agreement with Magistrate Judge Guyton's recommendations, which the Court adopts and incorporates into its ruling. Accordingly, plaintiff's Motion for Judgment on the Pleadings [Doc. 14] is GRANTED, defendant's Motion for Summary Judgment [Doc. 16] is DENIED, and the case is hereby REMANDED to the Commissioner for further proceedings consistent with the R&R. Specifically, the Administrative Law Judge is DIRECTED to reconsider whether plaintiff is capable of performing past relevant work in accordance with her assessed residual functional capacity and, if necessary, continue to step five of the disability analysis.

IT IS SO ORDERED.


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