Brown v. Social Security, Commissioner of

Filing 11

ORDER adopting 10 Report and Recommendation, denying 8 Motion for summary judgment, granting in part 7 Motion for summary judgment, and remanding case for further administrative proceedings. Signed by District Judge Avern Cohn. (DPer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

CLIMMIE MARTIN BROWN, Plaintiff, Case No. 07-CV-14673 v. HONORABLE AVERN COHN COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING THE COMMISSIONER'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND REMANDING MATTER FOR FURTHER ADMINISTRATIVE PROCEEDINGS I. This is a social security case. Plaintiff Climmie Martin Brown appeals from the final determination of the Commissioner of Social Security (Commissioner) that she is not disabled and therefore not entitled to disability insurance benefits. The matter was referred to a magistrate judge for all pretrial proceedings. Plaintiff and the Commissioner filed cross motions for summary judgment. The magistrate judge issued a report and recommendation (MJRR) recommending that (1) the Commissioner's motion for summary judgment be denied, (2) plaintiff's motion for summary judgment be granted in part and (3) the matter be remanded for further administrative proceedings.

II. Neither party has filed objections to the MJRR. Accordingly, the findings and conclusions of the magistrate judge are adopted as the findings and conclusions of the Court. The Commissioner's motion for summary judgment is DENIED. Plaintiff's motion for summary judgment is GRANTED IN PART. This matter is REMANDED for further administrative proceedings consistent with the MJRR. SO ORDERED.

Dated: November 25, 2008

s/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, November 25, 2008, by electronic and/or ordinary mail. s/Julie Owens Case Manager, [phone]

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