Tate v. Social Security, Commissioner of

Filing 16

MEMORANDUM OPINION and ORDER adopting 15 REPORT AND RECOMMENDATION; denying 13 MOTION for Summary Judgment filed by Social Security, Commissioner of; and granting in part 9 MOTION for Summary Judgment filed by Wayne K Tate, Signed by District Judge Bernard A. Friedman. (CMul)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

WAYNE K. TATE,
Plaintiff,

Case No. 10-14107
HON. BERNARD A. FRIEDMAN vs.
MAG. JUDGE LAURIE J. MICHELSON

COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
______________________________/
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Magistrate Judge Laurie J. Michelson’s Report and
Recommendation (“R and R”) dated November 18, 2011, recommending that the Court grant in
part Plaintiff’s Motion for Summary Judgment, deny Defendant’s Motion for Summary
Judgment, and remand the decision of the Commissioner. Neither party has filed an objection to
the R and R.
Magistrate Judge Michelson concluded that substantial evidence does not support the
ALJ’s finding that examining physician Andriacki described Plaintiff as capable of sedentary
work. To that extent, it is recommended to this Court that summary judgment be granted in part
in Plaintiff’s favor, in order to further review Dr. Andriacki’s findings. This Court has had an
opportunity to fully review this matter and the parties’ filings, and believes that the Magistrate
Judge has reached the correct conclusions for the proper reasons.

ACCORDINGLY:
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IT IS HEREBY ORDERED that Magistrate Judge Laurie J. Michelson’s Report and
Recommendation dated November 18, 2011, is hereby accepted and adopted.
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 IN PART.
IT IS FURTHER ORDERED that pursuant to 42 U.S.C. § 405(g), the decision of the
Commissioner is REMANDED, and that on remand, the ALJ is to treat Dr. Andriacki’s sitting
and standing limitations as inconsistent with the requirements of sedentary work, and evaluate all
the functional limitations Dr. Andriacki provided against the other evidence of record.

Dated: December 14, 2011
Detroit, Michigan

_s/Bernard A. Friedman______________
BERNARD A. FRIEDMAN
UNITED STATES DISTRICT JUDGE

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