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Freeman v. Comm'r of Soc. Sec.

United States District Court, W.D. Tennessee, Eastern Division
Sep 20, 2022
21-1075-STA-cgc (W.D. Tenn. Sep. 20, 2022)

Opinion

21-1075-STA-cgc

09-20-2022

TONY G. FREEMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE ON SECTION 405(g) REVIEW OF THE COMMISSIONER'S FINAL DECISION DENYING APPLICATION FOR DISABILITY INCOME BENEFITS AND SUPPLEMENTAL SECURITY INCOME

S. THOMAS ANDERSON CHIEF UNITED STATES DISTRICT JUDGE

On September 2, 2022, Magistrate Judge Charmaine G. Claxton filed her Report and Recommendation recommending that the Court remand this action pursuant to Sentence Four of 42 U.S.C. § 405(g) for further administrative proceedings as set forth in her report. (ECF No. 27.) No objections have been filed within the requisite time. The Court has reviewed the Magistrate Judge's Report and Recommendation and the entire record and finds that it should be ADOPTED in its entirety. The Court finds that Magistrate Judge Claxton evaluated the facts and the law and addressed all of the parties' arguments correctly.

Therefore, this matter is hereby REVERSED and REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g) for a reevaluation of Plaintiff's residual functional capacity (“RFC”). This reevaluation must consider and articulate the consistency and supportability of Dr. Keown, Dr. Knox-Carter, and Dr. Montague-Brown's medical opinions pursuant to 20 C.F.R. §§ 404.1520c(a), (b)(2), 416.920c(a), and (b)(2). Further, if the Administrative Law Judge determines that Plaintiff's RFC should be adjusted, the ALJ should proceed to reconsider Steps Four and Five of the sequential analysis. The Clerk of the Court is DIRECTED to enter judgment in accordance with this order.

IT IS SO ORDERED.


Summaries of

Freeman v. Comm'r of Soc. Sec.

United States District Court, W.D. Tennessee, Eastern Division
Sep 20, 2022
21-1075-STA-cgc (W.D. Tenn. Sep. 20, 2022)
Case details for

Freeman v. Comm'r of Soc. Sec.

Case Details

Full title:TONY G. FREEMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court:United States District Court, W.D. Tennessee, Eastern Division

Date published: Sep 20, 2022

Citations

21-1075-STA-cgc (W.D. Tenn. Sep. 20, 2022)