Mertens v. Social Security, Commissioner of

Filing 24

ORDER adopting 23 Report and Recommendation, granting in part 18 Motion for Summary Judgment, and denying 21 Motion for Summary Judgment; case remanded to Administrative Law Judge for further consideration. Signed by District Judge Victoria A. Roberts. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GARY E. MERTENS,
Plaintiff,
v.

Case No. 13-11872
Honorable Victoria A. Roberts

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. # 23)
On June 19, 2014, Magistrate Judge David R. Grand submitted a Report and
Recommendation on the parties’ cross motions for summary judgment. (Doc. # 23).
Magistrate Judge Grand recommends that the Court DENY Defendant’s Motion
for Summary Judgment (Doc. # 21) and GRANT IN PART and DENY IN PART
Plaintiff’s Motion for Summary Judgment (Doc. # 18). Specifically, he recommends the
Court to DENY Plaintiff’s request for an outright reversal and award of benefits but
GRANT Plaintiff’s request to REMAND the Commissioner’s decision to the
Administrative Law Judge for further consideration.
Neither party filed objections within the time provided under 28 U.S.C. §636(b)(1)
and E.D. Mich. LR 72.1(d).
The Court ADOPTS the Magistrate Judge’s Report and Recommendation.
Defendant’s motion is DENIED. Plaintiff’s motion is GRANTED IN PART and DENIED
IN PART; this case is REMANDED for further consideration as explained in the Report
and Recommendation.

IT IS ORDERED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: July 17, 2014
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
July 17, 2014.
s/Linda Vertriest
Deputy Clerk