Humphrey v. Social Security, Commissioner of
OPINION AND ORDER granting 16 Motion for Summary Judgment; denying 18 Motion for Summary Judgment; adopting 19 Report and Recommendation on 18 Motion for Summary Judgment, 19 Report and Recommendation, 16 Motion for Summary Judgment. Signed by District Judge Patrick J. Duggan. (MOre)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 12-14116
Honorable Patrick J. Duggan
COMMISSIONER OF SOCIAL
OPINION AND ORDER
On September 17, 2012, Plaintiff filed this lawsuit challenging a final
decision of the Commissioner denying Plaintiff’s application for social security
benefits. On that date, this Court referred the lawsuit to Magistrate Judge Mona K.
Majzoub for all pretrial proceedings, including a hearing and determination of all
non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and
recommendation (“R&R”) on all dispositive matters pursuant to 28 U.S.C.
§ 636(b)(1)(B). (ECF No. 3.) The parties subsequently filed cross-motions for
summary judgment. On October 21, 2013, Magistrate Judge Majzoub issued an
R&R recommending that this Court grant Plaintiff’s motion, deny Defendant’s
motion, and remand the matter to the Commissioner for further proceedings
pursuant to sentence four of 42 U.S.C. § 405(g). (ECF No. 19.)
In her R&R, Magistrate Judge Majzoub concludes that the Administrative
Law Judge failed to properly evaluate the opinion of Plaintiff’s treating physician
and a consulting evaluation. (Id. at 14-16.) Magistrate Judge Majzoub also
concludes that the ALJ should reconsider Plaintiff’s credibility assessment with
regard to her mental impairments as well as her complaints of physical pain. (Id. at
16-17.) She therefore recommends that the matter be remanded to the
At the conclusion of the R&R, Magistrate Judge Majzoub advises the parties
that they may object to and seek review of the R&R within fourteen days of service
upon them. (Id. at 17.) She further specifically advises the parties that “[f]ailure to
file specific objections constitutes a waiver of any further right to appeal.” (Id.)
Neither Plaintiff nor Defendant filed objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Majzoub. The Court therefore adopts Magistrate
Judge Majzoub’s October 21, 2013 Report and Recommendation.
IT IS ORDERED, that Plaintiff’s motion for summary judgment is
IT IS FURTHER ORDERED, that Defendant’s motion for summary
judgment is DENIED;
IT IS FURTHER ORDERED, that the decision of the Commissioner is
reversed and this matter is remanded to the Commissioner pursuant to sentence
four of 42 U.S.C. § 405(g).
Dated: December 9, 2013
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
John L. Wildeboer, Esq.
Ameenah Lewis, Esq.
AUSA William L. Woodard
Magistrate Judge Mona K. Majzoub
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