Washington-Fisk v. Social Security, Commissioner of

Filing 18

ORDER Adopting 15 Report and Recommendation, Granting 10 Motion for Summary Judgment filed by Leslie Washington-Fisk, Denying 13 Motion for Summary Judgment filed by Social Security, Commissioner of - Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LESLIE WASHINGTON-FISK,
Plaintiff,

Case No. 11-15117
Honorable David M. Lawson

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
________________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,
GRANTING THE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT,
DENYING THE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT,
AND REMANDING FOR FURTHER PROCEEDINGS
The plaintiff filed the present action on November 18,, 2011 seeking review of the
Commissioner’s decision denying the plaintiff’s application for a period of disability and disability
insurance benefits under Title II and supplemental security income (SSI) under Title XVI of the
Social Security Act. On the same date, the case was referred to United States Magistrate Judge
Laurie J. Michelson pursuant to 28 U.S.C. § 636(b)(1)(B) and E.D. Mich. LR 72.1(b)(3). Thereafter,
the plaintiff filed a motion for summary judgment to reverse the decision of the Commissioner and
the defendant filed a motion for summary judgment to affirm the decision of the Commissioner.
Presently before the Court is the report issued on August 17, 2012 by Magistrate Judge Laurie J.
Michelson pursuant to 28 U.S.C. § 636(b), recommending that the plaintiff’s motion for summary
judgment be granted, the defendant’s motion for summary judgment be denied, and the case be
remanded to the agency for further proceedings pursuant to 42 U.S.C. § 405(g). Although the
Magistrate Judge’s report explicitly stated that the parties to this action may object to and seek
review of the recommendation within fourteen days of service of the report, no objections have been

filed thus far. The parties’ failure to file objections to the Report and Recommendation waives any
further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir.
1987). Likewise, the failure to object to the Magistrate Judge’s report releases the Court from its
duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the
Court agrees with the findings and conclusions of the Magistrate Judge.
Accordingly, it is ORDERED that the Magistrate Judge’s Report and Recommendation [dkt.
#15] is ADOPTED.
It is further ORDERED that the plaintiff’s motion for summary judgment [dkt. #10] is
GRANTED and the defendant’s motion for summary judgment [dkt. #13] is DENIED.
It is further ORDERED that the case is REMANDED to the agency for further proceedings
pursuant to 42 U.S.C. § 405(g).
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: September 12, 2012

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on September 12, 2012.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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