Rodriguez v. Social Security, Commissioner of

Filing 19

ORDER Adopting 18 Report and Recommendation and Remanding. Signed by District Judge Thomas L. Ludington. (SBur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
ANNE MARIE RODRIGUEZ,
Plaintiff,
v.

Case No. 15-cv-13491
Honorable Thomas L. Ludington
Magistrate Judge David R. Grand

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
__________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING
On October 6, 2015, Plaintiff Anne Marie Rodriguez filed a Complaint appealing the
determination by the Social Security Administration that she was not entitled to benefits.
Complaint, ECF No. 1. On January 25, 2016, Rodriguez filed a motion to remand pursuant to
Sentence Four of 42 U.S.C. 405(g). ECF No. 14. On February 23, 2016, the Commissioner filed
a motion for summary judgment. ECF No. 15. On August 16, 2016, Magistrate Judge David R.
Grand issued a report recommending that the Commissioner’s motion for summary judgment be
denied, that Rodriguez’s motion for remand be granted in part, that the ALJ’s decision be
reversed, and that the case be remanded for further proceedings. ECF No. 18. Magistrate Judge
Grand found that the ALJ improperly discounted and failed to consider portions of Rodriguez’s
treatment physician’s opinion regarding her medical condition.
Although the Magistrate Judge’s report explicitly stated that the parties to this action may
object to and seek review of the recommendation within fourteen days of service of the report,
neither Plaintiff nor Defendant filed any objections. The election not to file objections to the
Magistrate Judge’s report releases the Court from its duty to independently review the record.

Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and
recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation,
ECF No. 18, is ADOPTED.
It is further ORDERED that Plaintiff Rodriguez’s motion to remand, ECF No. 14, is
GRANTED IN PART.
It is further ORDERED that Defendant Commissioner’s motion for summary judgment,
ECF No. 15, is DENIED.
It is further ORDERED that the case is REMANDED for further proceedings consistent
with the Magistrate Judge’s recommendation.

Dated: September 22, 2016

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on September 22, 2016.
s/Michael A. Sian
MICHAEL A. SIAN

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