Henderson v. Social Security, Commissioner of

Filing 17

AMENDED ORDER re 16 Order Adopting Report and Recommendation - Defendants Motion for Summary Judgment is denied, Plaintiffs Motion for Summary Judgment is granted in part to the extent it seeks remand and denied in part to the extent it seeks an award of benefits, and that, pursuant to sentence four of 42 U.S.C. §405(g), this case is REMANDED to the ALJ for further proceedings consistent with the Report and Recommendation. Signed by District Judge Julian Abele Cook. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MICHAEL COREY HENDERSON
Plaintiff,
v.

Case No. 13-11503
Honorable Julian Abele Cook, Jr.

COMMISSIONER OF
SOCIAL SECURITY
Defendant.

AMENDED ORDER
This case involves a complaint by the Plaintiff, Michael Corey Henderson, who, in
relying upon the authority of 42 U.S.C. § 405(g), has asked this Court to review a final decision
by the Defendant, the Commissioner of the Social Security Administration (“Commissioner”).
Thereafter, Henderson filed a motion for summary judgment pursuant to Federal Rule of Civil
Procedure 56. The Commissioner likewise filed a motion for summary judgment. Both motions
were forwarded by the Court to Magistrate Judge David R. Grand for evaluation. In a report on
March 11, 2014, the Magistrate Judge recommended that the Commissioner’s Motion for
Summary Judgment [12] be DENIED, Henderson’s Motion for Summary Judgment [11] be
GRANTED IN PART to the extent it seeks remand and DENIED IN PART to the extent it
seeks an award of benefits, and that, pursuant to sentence four of 42 U.S.C. §405(g), this case
be REMANDED to the ALJ for further proceedings consistent with the Recommendation.
As of this date, neither party has expressed any objections to the Magistrate Judge’s

report and recommendation. The period of time for filing objections having now expired, this
Court adopts the report, including the recommendations of the Magistrate Judge, in its entirety.
IT IS HEREBY ORDERED that the Defendant’s Motion for Summary Judgment is
denied, Plaintiff’s Motion for Summary Judgment is granted in part to the extent it seeks
remand and denied in part to the extent it seeks an award of benefits, and that, pursuant to
sentence four of 42 U.S.C. §405(g), this case is REMANDED to the ALJ for further
proceedings consistent with the Report and Recommendation.
IT IS SO ORDERED.
Date: August 5, 2014

s/Julian Abele Cook, Jr.
JULIAN ABELE COOK, JR.
U.S. District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to
their respective email addresses or First Class U.S. mail to the non-ECF participants on August 5, 2014.
s/ Kay Doaks
Case Manager

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