Wolfe v. Social Security, Commissioner of

Filing 11

ORDER ADOPTING MAGISTRATE JUDGE'S 10 REPORT AND RECOMMENDATION. Granting 8 Motion for Summary Judgment filed by Margaret Mary Wolfe and Denying 9 Motion for Summary Judgment filed by Commissioner of Social Security, Commissioner. Case is Remanded for further proceedings. Signed by District Judge Gerald E. Rosen. (RGun)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARGARET MARY WOLFE, Plaintiff, Case No. 10-12058 Hon. Gerald E. Rosen Magistrate Judge R. Steven Whalen v. COMMISSIONER OF SOCIAL SECURITY, Defendant. _______________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on June 27, 2011 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court On April 15, 2011, Magistrate Judge R. Steven Whalen issued a Report and Recommendation (“R & R”) recommending that the Court grant Plaintiff Margaret Mary Wolfe’s motion for summary judgment, deny the Defendant Commissioner of Social Security’s motion for summary judgment, and remand this case for further proceedings under sentence four of 42 U.S.C. § 405(g). No objections have been filed to the R & R. Upon reviewing the R & R, the parties’ cross-motions for summary judgment, and the record as a whole, the Court fully concurs in the thorough analysis of the Magistrate Judge, and adopts the R & R in its entirety. Accordingly, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge’s April 15, 2011 Report and Recommendation is ADOPTED as the opinion of this Court. IT IS FURTHER ORDERED that, for the reasons stated in the R & R, Plaintiff’s motion for summary judgment (docket #8) is GRANTED, to the extent that the Defendant Commissioner’s decision denying benefits is reversed and this case is remanded for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). Finally, IT IS FURTHER ORDERED that Defendant’s motion for summary judgment (docket #9) is DENIED. s/Gerald E. Rosen Chief Judge, United States District Court Dated: June 27, 2011 I hereby certify that a copy of the foregoing document was served upon counsel of record on June 27, 2011, by electronic and/or ordinary mail. s/Ruth A. Gunther Case Manager 2

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