Underhill v. Social Security,Commissioner of

Filing 18

ORDER Adopting 17 Report and Recommendation: Denying 15 Motion for Summary Judgment filed by Social Security, Commissioner of, Granting 12 Motion for Summary Judgment filed by Kelly Marie Underhill, and Remanding Case. Signed by District Judge Stephen J. Murphy, III. (CCoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KELLY MARIE UNDERHILL,
Plaintiff,

Case No. 13-cv-11952

v.

HONORABLE STEPHEN J. MURPHY, III

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
(document no. 17), GRANTING IN PART UNDERHILL'S MOTION
FOR SUMMARY JUDGMENT (document no. 12), DENYING COMMISSIONER'S
MOTION FOR SUMMARY JUDGMENT (document no. 15), AND REMANDING CASE
The Social Security Administration denied plaintiff and claimant Kelly Underhill's
application for a period of disability and disability insurance benefits. An Administrative Law
Judge issued the original decision. See ALJ Decision, ECF No. 8-2, at 26. After the SSA
Appeals Council declined to review the ruling, Underhill appealed to this Court. The Court
referred the matter to a United States Magistrate Judge, and the parties filed cross motions
for summary judgment. On August 7, 2014, the magistrate judge issued a Report and
Recommendation suggesting the Court grant in part Underhill's motion and deny the
Commissioner of Social Security's motion. Report, ECF No. 17.
A copy of the Report was sent to the parties on August 7, 2014. Under Civil Rule
72(b), each party had fourteen days from the date of service to file any written objections
to the recommended disposition. Neither party has filed any objections. De Novo review
of the magistrate judge’s findings is therefore not required. See Fed.R.Civ.P. 72(b)(3). The
Court has reviewed the file and the Report, and finds that the magistrate judge’s analysis
is proper. Accordingly, the Court adopts the Report’s findings and conclusions and will

enter an appropriate judgment.
ORDER
WHEREFORE, it is hereby ORDERED that Underhill's motion for summary judgment
(document no. 12) is GRANTED IN PART. This matter is REMANDED to the
Commissioner for proceedings not inconsistent with this opinion.
IT IS FURTHER ORDERED that the magistrate judge's Report and Recommendation
(document no. 17) is ADOPTED.
IT IS FURTHER ORDERED that the Commissioner's Motion for Summary Judgment
(document no. 15) is DENIED.
SO ORDERED.
s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: September 18, 2014
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on September 18, 2014, by electronic and/or ordinary mail.
s/Carol Cohron
Case Manager

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