Seay v. Social Security, Commissioner of

Filing 18

ORDER accepting 17 Report and Recommendation and granting in part 12 plaintiff's Motion for Summary Judgment and denying 15 defendant's Motion for Summary Judgment and Remanding action. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ANTHONY SEAY,
Plaintiff,
Case No. 12-CV-14410
HON. GEORGE CARAM STEEH

vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
________________________________/

ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION (DOC. #17) GRANTING IN PART PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT (DOC. # 12), DENYING DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT (DOC. # 15), AND REMANDING ACTION
Before the court are the parties’ cross-motions for summary judgment, which were
referred to the magistrate judge for a report and recommendation. On September 18,
2013, Magistrate Judge David Grand issued his report, recommending that the court grant
in part the plaintiff’s motion for summary judgment, deny the defendant’s motion for
summary judgment, and remand the matter for further administrative proceedings pursuant
to sentence four of 42 U.S.C. § 405(g).
The magistrate judge specifically stated that any objections to his report were to be
filed within 14 days of service, and that failure to file such objections constituted a waiver
of any further right of appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). No such
objections were filed by either party.
The court has reviewed the record and briefing in this matter, as well as the
magistrate judge’s report and recommendation. Finding that report and recommendation
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to be well-reasoned, the court hereby adopts the result recommended therein. Accordingly,
plaintiff’s motion for summary judgment is hereby GRANTED IN PART, to the extent it
seeks remand, but denied to the extent it seeks outright reversal and an award of benefits.
Defendant’s motion for summary judgment is DENIED, and this cause of action is
REVERSED and REMANDED to the Commissioner of Social Security for further
consideration as stated in the report and recommendation.
IT IS SO ORDERED.
Dated: October 28, 2013
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
October 28, 2013, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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