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Weaver v. Commissioner of Social Security

United States District Court, E.D. Tennessee, Knoxville

January 5, 2015

MICHAEL WEAVER, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER

HARRY S. MATTICE, Jr., District Judge.

On December 4, 2014, United States Magistrate Judge Bruce Guyton filed a Report and Recommendation (Doc. 20) pursuant to 28 U.S.C. ยง 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Guyton recommended that (1) Plaintiff's Motion for Summary Judgment be granted in part and denied in part; (2) the Commissioner's Motion for Summary Judgment be granted in part and denied in part; and (3) this action be remanded to reconsider step five of the disability analysis.

Neither party has filed objections to the Magistrate Judge's Report and Recommendation.[1] Nevertheless, the Court has reviewed the record in this matter, and it agrees with the Magistrate Judge's well-reasoned conclusions.

Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Guyton's findings of fact and conclusions of law. Plaintiff's Motion for Summary Judgment (Doc. 16) is hereby GRANTED IN PART and DENIED IN PART; the Commissioner's Motion for Summary Judgment (Doc. 18) is hereby GRANTED IN PART and DENIED IN PART; and this action is REMANDED to the Administrative Law Judge to reconsider step five of the disability analysis, namely whether work exists in the national economy that accommodates Plaintiff's residual functional capacity and vocational factors.

SO ORDERED.


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