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Sullivan v. Commissioner of Social Security

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

January 7, 2015

BAYLESS EUGENE SULLIVAN, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER

HARRY S. MATTICE, Jr., District Judge.

On December 19, 2014, United States Magistrate Judge Susan K. Lee filed a Report and Recommendation (Doc. 23) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Lee recommended that (1) Plaintiff's Amended Motion for Summary Judgment (Doc. 22) be granted in part to the extent that it seeks remand to the Commissioner and denied in part to the extent it seeks an award of benefits; (2) the Commissioner's Motion for Summary Judgment (Doc. 19) be denied; and (3) the Commissioner's decision be reversed and remanded pursuant to Sentence Four of 42 U.S.C. § 405(g). ( Id. at 25-26).

Neither party has filed objections to the Magistrate Judge's Report and Recommendation.[1] Additionally, 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 Lee's findings of fact and conclusions of law. Plaintiff's Amended Motion for Summary Judgment (Doc. 22) is hereby GRANTED to the extent that it seeks remand to the Commissioner and DENIED to the extent that it seeks an award of benefits; the Commissioner's Motion for Summary Judgment (Doc. 19) is hereby DENIED; and the Commissioner's decision is hereby REVERSED and REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g) for further evaluation.

SO ORDERED.


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