Ballard v. Social Security, Commissioner of

Filing 16

ORDER Adopting 15 Report and Recommendation, Granting Plaintiff's 9 Motion for Summary Judgment, Denying Defendant's 14 Motion for Summary Judgment and Remanding Case for Further Proceedings. Signed by District Judge Arthur J. Tarnow. (CGre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JESSE DEAN BALLARD,
Plaintiff,

Case No. 10-12518

v.

SENIOR UNITED STATES DISTRICT
JUDGE
ARTHUR J. TARNOW

COMMISSIONER OF SOCIAL
SECURITY,

UNITED STATES MAGISTRATE JUDGE
R. STEVEN WHALEN

Defendant.
______________________________/

ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION [15], GRANTING PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT [9], DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
[14], AND REMANDING CASE FOR FURTHER PROCEEDINGS

On June 24, 2011, Magistrate Judge Whalen issued a Report and Recommendation [15] that
Plaintiff’s Motion for Summary Judgment [9] be granted, that Defendant’s Motion for Summary
Judgment [14] be denied, and that the case be remanded for further proceedings pursuant to sentence
four of §405(g), with instructions to consider the June 20, 1997 administrative findings pursuant to
Acquiescence Ruling (“AR”) 98-4.
No objections were filed.
The Court has reviewed the record in this case.
The Report and Recommendation of the Magistrate Judge is hereby ADOPTED and is
entered as the findings and conclusions of the Court.
IT IS HEREBY ORDERED that Plaintiff’s Motion for Summary Judgment [9] is
GRANTED.
IT IS HEREBY ORDERED that Defendant’s Motion for Summary Judgment [14] is
DENIED.
IT IS FURTHER ORDERED that this matter is remanded for further proceedings pursuant

to sentence four of §405(g), with instructions to consider the June 20, 1997 administrative findings
pursuant to Acquiescence Ruling (“AR”) 98-4.
SO ORDERED.

DATED: July 18, 2011

S/ARTHUR J. TARNOW
ARTHUR J. TARNOW
United States Senior District Judge

I hereby certify that a copy of the foregoing document was served upon counsel of record
on July 18, 2011, by electronic and/or ordinary mail.

s/Shawntel R. Jackson
Case Manager