Finkbeiner v. Social Security, Commissioner of

Filing 22

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND REMANDING PURSUANT TO SENTENCE SIX OF 42 U.S.C. § 405(g)ORDER Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KRIS R. FINKBEINER,
Plaintiff,

CASE NO. 13-13906
HON. MARIANNE O. BATTANI

v.

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_________________________/

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION
GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND
DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND
REMANDING PURSUANT TO SENTENCE SIX OF 42 U.S.C. § 405(g)
Plaintiff Kris Finkbeiner brings this action pursuant to 42 U.S.C. § 405(g), challenging
the final decision of the Commissioner denying the application for supplemental security
income and disability insurance benefits. Plaintiff filed the claim on October 26, 2009,
alleging a disability onset date of December 30, 2008. In his Decision, dated March 30,
2012,, the Administrative Law Judge (“ALJ”) concluded that Plaintiff was not disabled.
After the Appeals Council denied review, McEwen timely filed this action for judicial
review of the Commissioner's decision. The case was referred to Magistrate Judge
Charles E. Binder pursuant to 28 U.S.C. § 636. In a Report and Recommendation ("R&R")
dated January 8, 2015, Magistrate Judge Binder recommended that Defendant's Motion
for Summary Judgment be denied and that Plaintiff's motion be granted. The Magistrate
Judge also recommended that the matter be remanded to the Commissioner for further

proceedings consistent with the R&R pursuant to sentence four of 42 U.S.C. § 405(g).
In his Report and Recommendation, the Magistrate Judge informed the parties that
objections to the R&R needed to be filed “within fourteen (14) days of service” and that a
party’s failure to file objections would waive any further right of appeal. (Doc. No. 21 at 18).
Neither party filed an objection. Moreover, this Court agrees with the analysis contained
in the R&R.
Accordingly, the Court ADOPTS the Magistrate Judge’s recommendation, DENIES
Defendant’s Motion for Summary Judgment, GRANTS Plaintiff’s Motion for Summary
Judgment, and REMANDS this matter pursuant to Sentence Six for further proceedings
and consideration consistent with the Report and Recommendation.
IT IS SO ORDERED.

Date: February 17, 2015

s/Marianne O. Battani
MARIANNE O. BATTANI
United States 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 February 17, 2015.
s/ Kay Doaks
Case Manager

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