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Brewer v. Astrue

United States District Court, E.D. Tennessee, at Knoxville
Jan 4, 2011
No.: 3:10-CV-71 (E.D. Tenn. Jan. 4, 2011)

Summary

holding that the ALJ did not err in failing to evaluate the Plaintiff's claim under 20 C.F.R. § 404.1535 because the Plaintiff was not disabled

Summary of this case from Lawson v. Colvin

Opinion

No.: 3:10-CV-71.

January 4, 2011


ORDER


This Social Security appeal is before the Court on the Report and Recommendation entered by United States Magistrate Judge H. Bruce Guyton on December 10, 2010 [Doc. 16]. There have been no timely objections to the Report and Recommendation, and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). In the Report and Recommendation, the magistrate judge recommended that defendant Commissioner's motion for summary judgment [Doc. 14] be granted, and that plaintiff's motion for summary judgment [Doc. 12] be denied.

The Court has carefully reviewed this matter, including the underlying pleadings. The Court is in agreement with the magistrate judge's recommendation, which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 16]. Additionally, it is ORDERED that defendant Commissioner's motion for summary judgment [Doc. 14] be GRANTED, and that plaintiff's motion for summary judgment [Doc. 12] be DENIED. Defendant Commissioner's decision in this case denying plaintiff's applications for supplemental security income and disability insurance benefits is AFFIRMED. This case is DISMISSED. The Clerk is DIRECTED to close this case.

IT IS SO ORDERED.


Summaries of

Brewer v. Astrue

United States District Court, E.D. Tennessee, at Knoxville
Jan 4, 2011
No.: 3:10-CV-71 (E.D. Tenn. Jan. 4, 2011)

holding that the ALJ did not err in failing to evaluate the Plaintiff's claim under 20 C.F.R. § 404.1535 because the Plaintiff was not disabled

Summary of this case from Lawson v. Colvin
Case details for

Brewer v. Astrue

Case Details

Full title:ALBERT B. BREWER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

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

Date published: Jan 4, 2011

Citations

No.: 3:10-CV-71 (E.D. Tenn. Jan. 4, 2011)

Citing Cases

Lawson v. Colvin

However, because the ALJ ultimately concluded that the Plaintiff was not disabled, the ALJ was under no…