Opinion
No.: 3:11-CV-281
05-11-2012
PEGGY L. WEAVER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
(VARLAN/SHIRLEY)
ORDER
This Social Security appeal is before the Court on the Report and Recommendation entered by United States Magistrate Judge C. Clifford Shirley, Jr., on April 23, 2012 [Doc. 18]. 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 recommends that the plaintiff's motion for summary judgment [Doc. 14] be granted and that the Commissioner's motion for summary judgment [Doc. 16] be denied. The magistrate judge further recommends that the case be remanded to the Commissioner for further consideration of Dr. Whitley's opinion and plaintiff's complaints of pain, consistent with the Report and Recommendation.
The Court has carefully reviewed this matter, including the underlying motions and the complaint and the Court is in agreement with the magistrate judge's recommendations, which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 18], and it is ORDERED that plaintiff's Motion for Summary Judgment [Doc. 14] is GRANTED and the Commissioner's Motion for Summary Judgment [Doc. 16] is DENIED. The Commissioner's decision in this case denying plaintiff's application for disability insurance benefits is REVERSED and this case is REMANDED to the ALJ for further consideration of Dr. Whitley's opinion and plaintiff's complaints of pain, consistent with this order and the magistrate judge's Report and Recommendation.
IT IS SO ORDERED.
Thomas A. Varlan
UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT
Debra C. Poplin
CLERK OF COURT