Opinion
No. 3:10-CV-8.
March 11, 2011
MEMORANDUM AND OPINION
This Social Security appeal is before the Court on the Report and Recommendation ("R R") filed by United States Magistrate Judge H. Bruce Guyton [Doc. 17]. There have been no timely objections to the R R [Doc. 17], and enough time has passed since the filing of the R R [Doc. 17] to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b).
After a careful review of this matter, the Court is in complete agreement with the magistrate judge's conclusion, and thereby adopts the R R [Doc. 17] in its entirety. Accordingly, for the reasons stated by Judge Guyton in the R R [Doc. 17], Plaintiff's Motion for Judgment on the Pleadings [Doc. 11] is GRANTED IN PART and DENIED IN PART, and the Commissioner's Motion for Summary Judgment [Doc. 15] is GRANTED IN PART and DENIED IN PART. In particular, the Court agrees that substantial evidence supports the Administrative Law Judge's findings as to Plaintiff's mental capacity, but as more fully explained in the R R [Doc. 17], the Court finds that this case should be REMANDED to address Dr. E. Smith's opinion regarding Plaintiff's physical capacity.