Daniel v. Social Security, Commissioner of

Filing 11

OPINION AND ORDER Adopting 10 Report and Recommendation granting in part 7 Motion for Summary Judgment filed by Christina L Daniel denying 8 Motion for Summary Judgment filed by Social Security, Commissioner of. Signed by District Judge Lawrence P. Zatkoff. (PMil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHRISTINA L. DANIEL,
a/k/a CHRISTINA MARTINEZ,
Plaintiff,

CASE NO. 12-10297
Judge Lawrence P. Zatkoff

-vCOMMISSIONER
OF SOCIAL SECURITY,
Defendant.
___________________________________/
OPINION AND ORDER ADOPTING MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION
Plaintiff filed the instant action seeking Social Security Disability Insurance Benefits and
Supplemental Security Income. This matter is currently before the Court on Magistrate Judge Mark
A. Randon’s Report and Recommendation of January 23, 2013 (Docket #10), wherein the Magistrate
Judge recommends that Plaintiff’s Motion for Summary Judgment be granted in part, Defendant’s
Motion for Summary Judgment be denied, and that the case be remanded to Defendant for review
and consideration by the Administrative Law Judge (“ALJ”) of new and material evidence from two
of Plaintiff’s treating physicians that the ALJ did not consider previously. Neither party has filed
any objections to the Report and Recommendation.
After a thorough review of the court file, the parties’ respective motions and the Report and
Recommendation, this Court will adopt the Report and Recommendation and enter it as the findings
and conclusions of this Court. Therefore, IT IS HEREBY ORDERED that Defendant’s Motion for
Summary Judgment is DENIED, and Plaintiff’s Motion for Summary Judgment is GRANTED IN
PART. In addition, pursuant to 42 U.S.C. § 405(g), the Court hereby REMANDS this matter to
Defendant for review and consideration of the records of Doctor Scheiber and Doctor Ottoni.
IT IS SO ORDERED.

Dated: February 14, 2013

S/Lawrence P. Zatkoff
LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE