Zerbst v. Colvin
ORDER ADOPTING REPORT AND RECOMMENDATION,GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANTS MOTION FOR SUMMARY JUDGMENT, AND REMANDING PURSUANT TO SENTENCE FOUR Signed by District Judge Marianne O. Battani. (KDoa)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
JEFFREY MICHAEL ZERBST,
CASE NO. 14-10754
HON. MARIANNE O. BATTANI
COMMISSIONER OF SOCIAL
ORDER ADOPTING REPORT AND RECOMMENDATION,
GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT, DENYING DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT, AND REMANDING PURSUANT TO SENTENCE FOUR
Plaintiff Jeffrey Zerbst brings this action pursuant to 42 U.S.C. § 405(g),
challenging the final decision of the Commissioner denying his application for disability
insurance benefits and supplemental security income benefits. In her Decision, dated
November 13, 2012, the Administrative Law Judge (“ALJ”) concluded that Plaintiff was
not entitled to benefits because he was capable of performing a significant number of
jobs in the national economy.
After the Appeals Council denied review, Zerbst timely filed this action for judicial
review of the Commissioner's decision. The case was referred to Magistrate Judge
Mona K. Majzoub pursuant to 28 U.S.C. § 636. In a Report and Recommendation
("R&R") dated February 20, 2015, Magistrate Judge Majzoub recommended that
Defendant's Motion for Summary Judgment be denied and that Plaintiff's motion be
granted in part and denied in part. The Magistrate Judge also recommended that this
matter be remanded to the Commissioner pursuant to Sentence Four for a proper
assessment of the opinion of Plaintiff’s treating psychiatrist, Dr. Surendra Kelwala.
In her 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.
16 at 16). 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 IN PART and DENIES
IN PART Plaintiff’s Motion for Summary Judgment, and REMANDS this matter for
further proceedings pursuant to Sentence Four.
IT IS SO ORDERED.
Date: March 24, 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 March 24, 2015.
s/ Kay Doaks
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