Thompson v. Social Security Administration, Commissioner of (PLR1), No. 1:2018cv00143 - Document 30 (E.D. Tenn. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Pamela L Reeves on 8/27/19. (JBR)
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Thompson v. Social Security Administration, Commissioner of (PLR1) Doc. 30 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE KENNETH L. THOMPSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) No. 1:18-CV-143 REEVES/LEE MEMORANDUM OPINION This Social Security appeal is before the court on the Report and Recommendation filed by United States Magistrate Judge, Susan K. Lee [R. 29]. 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). After a careful review of the record and the parties’ pleadings, the court is in complete agreement with the Magistrate Judge’s recommendation that plaintiff’s motion for summary judgment be denied, and the Commissioner’s motion for summary judgment be granted. The court also agrees that plaintiff waived his Appointments Clause argument by not raising it at some point during the SSA administrative process. Accordingly, the court ACCEPTS IN WHOLE the Report and Recommendation under 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). It is ORDERED, for the reasons stated in the Report and Recommendation, which the court adopts and incorporates into its ruling, that the Dockets.Justia.com plaintiff’s motion for summary judgment [R. 18] is DENIED; the Commissioner’s motion for summary judgment [R. 22] is GRANTED; the Commissioner’s decision in this case denying plaintiff’s application for benefits under the Social Security Act is AFFIRMED; and this case is DISMISSED. Enter: ___________________________________________ CHIEF UNITED STATES DISTRICT JUDGE
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