Zolman v. Social Security, Commissioner of

Filing 13

ORDER Adopting 12 Report and Recommendation denying 11 Motion for Summary Judgment filed by Social Security, Commissioner of, and granting 9 Motion for Summary Judgment filed by David M Zolman, Report and Recommendation. Case remanded for an award of benefits. Signed by District Judge Bernard A Friedman. (CMul)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAVID M. ZOLMAN, Plaintiff, vs. HON. BERNARD A. FRIEDMAN COMMISSIONER OF SOCIAL SECURITY, Defendant. _____________________/ ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION This matter is presently before the court on cross motions for summary judgment. Magistrate Judge Virginia Morgan has submitted a Report and Recommendation ("R&R") in which she recommends that defendant's motion be denied, plaintiff's motion be granted, and the matter be remanded for an award of benefits. Neither party has filed objections to the R&R and the deadline for doing so has expired. Having reviewed the motions, the administrative record, and the R&R, the court is persuaded that the magistrate judge's analysis and recommendation are correct. Accordingly, Civil Action No. 08-CV-14704

IT IS ORDERED that Magistrate Judge Morgan's Report and Recommendation is hereby accepted and adopted as the findings and conclusions of the court.

IT IS FURTHER ORDERED that defendant's motion for summary judgment is denied.

IT IS FURTHER ORDERED that plaintiff's motion for summary judgment is granted.

IT IS FURTHER ORDERED that this matter is remanded to defendant for an award of benefits.

S/Bernard A. Friedman__________________ BERNARD A. FRIEDMAN SENIOR UNITED STATES DISTRICT JUDGE Dated: November 18, 2009 Detroit, Michigan

I hereby certify that a copy of the foregoing document was served upon counsel of record on November 18, 2009, by electronic and/or ordinary mail. S/Carol Mullins Case Manager

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