Bain v. Social Security Administration

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NORTHEASTERN DIVISION

MARK DOUGLAS BAIN, ) ) Plaintiff, ) ) v. ) NO. 2:20-cv-00052 ) KILOLO KIJAKAZI, Acting ) Commissioner of the Social Security ) Administration, ) ) Defendant. ) ORDER Before the Court is a Report and Recommendation (“R&R”) (Doc. No. 19) recommending the Court grant Plaintiff Mark Douglas Bain’s Motion for Judgment on the Record (Doc. No. 16) and remand this matter to the Social Security Administration (“SSA”). No timely objections to the R&R have been filed. The absence of objections “releases the Court from its duty to independently review the matter.” Lawhorn v. Buy Buy Baby, Inc., No. 3:20-CV-00201, 2021 WL 1063075, at *1 (M.D. Tenn. Mar. 19, 2021); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”). Nevertheless, the Court thoroughly reviewed the R&R and agrees with its recommended disposition. The Court orders as follows: (1) the R&R (Doc. No. 19) is APPROVED AND ADOPTED, (2) Mr. Bain’s Motion for Judgment on the Record (Doc. No. 16) is GRANTED, (3) the Commissioner of the SSA’s final decision is VACATED, and (4) this matter is REMANDED to the SSA for further proceedings consistent with the R&R. IT IS SO ORDERED.

WAVERLY SRENSHAW. JR. CHIEF UNITED STATES DISTRICT JUDGE