Lindsey v. Social Security, Commissioner of

Filing 18

ORDER Adopting Magistrate Judge's Report and Recommendation 17 . Signed by District Judge Gerald E. Rosen. (LSau)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BETTY JEAN LINDSEY, Plaintiff, Case No. 12-12585 Hon. Gerald E. Rosen Magistrate Judge Charles E. Binder 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 November 20, 2013 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court On September 26, 2013, Magistrate Judge Charles E. Binder issued a Report and Recommendation (“R & R”) recommending that the Court grant Plaintiff Betty Jean Lindsey’s motion for summary judgment, deny the Defendant Commissioner of Social Security’s motion for summary judgment, and remand this matter to the Defendant Commissioner for further proceedings. No objections have been filed to the R & R. Upon reviewing the R & R, the parties’ underlying cross-motions for summary judgment, and the record as a whole, the Court concurs in the 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 September 26, 2013 Report and Recommendation (docket #17) is ADOPTED as the opinion of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R & R, that Plaintiff’s February 25, 2013 motion for summary judgment (docket #11) is GRANTED, and that Defendant’s May 31, 2013 motion for summary judgment (docket #14) is DENIED. In accordance with these rulings, this case will be remanded to the Defendant Commissioner for further proceedings consistent with the Magistrate Judge’s R & R. s/Gerald E. Rosen Chief Judge, United States District Court Dated: November 20, 2013 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on November 20, 2013, by electronic and/or ordinary mail. s/Julie Owens Case Manager, (313) 234-5135 2

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