Price v. Social Security, Commissioner of

Filing 22

ORDER Adopting Report and Recommendation for 15 Motion for Summary Judgment filed by Virgil M. Price, 20 Motion for Summary Judgment filed by Social Security, Commissioner of, 21 Report and Recommendation, Signed by District Judge Lawrence P. Zatkoff. (MVer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION VIRGIL M. PRICE, Plaintiff, -v- CASE NO. 12-15209 Judge Lawrence P. Zatkoff Magistrate Judge Laurie J. Michelson COMMISSIONER 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. This matter is currently before the Court on Magistrate Judge Laurie J. Michelson’s Report and Recommendation (Docket #21), 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 further proceedings, as set forth in the Report and Recommendation. Neither party 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, the Court hereby REMANDS this matter to Defendant for the purpose of thoroughly assessing, considering, and discussing the opinion of Plaintiff’s long-time physician (Dr. Jeff Pierce) regarding Plaintiff’s condition as it relates to Plaintiff’s application for Social Security Disability Insurance Benefits when issuing its written decision regarding Plaintiff’s application. IT IS SO ORDERED. Dated: December 13, 2013 S/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE

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