Rodriguez v. Social Security, Commissioner of

Filing 19

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

Download PDF
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 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?