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Myers v. Colvin

United States District Court, Eastern District of Tennessee, Chattanooga

May 28, 2015

LORRAINE D. MYERS, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

JUDGMENT ORDER

CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE

United States Magistrate Judge William B. Mitchell Carter filed a report and recommendation (“R&R”) in this case, pursuant to 28 U.S.C. § 636(b) and Fed.R.Civ.P. 72(b) (Court File No. 23). Neither party has objected to the R&R within the given fourteen days.

After reviewing the record, the Court agrees with the R&R. The Court hereby ACCEPTS and ADOPTS the magistrate judge’s findings of fact, conclusions of law, and recommendations.

Accordingly, it is ORDERED that:

(1) Plaintiff’s motion for Summary Judgment (Court File No. 17) is GRANTED in part to the extent that it seeks remand under sentence six and DENIED in part, to the extent it seeks reversal for an award of benefits, (2) The Commissioner’s Motion for Summary Judgment (Court File No. 20) is DENIED, (3) The Commissioner’s decision is REMANDED under Sentence Six of 42 U.S.C. § 405(g) to the Commissioner for further administrative consideration of new and material evidence under Sentence Six of 42 U.S.C. § 405(g).

SO ORDERED.


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