Alvarez v. Social Security

Filing 17

ORDER granting in part and denying in part 13 Motion for Summary Judgment; denying 14 Motion for Summary Judgment; adopting 16 Report and Recommendation & REMANDING FOR FURTHER PROCEEDINGS. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHRISTINA ALVAREZ,
Plaintiff,
v.

Civil Action No. 14-CV-12429
Honorable Patrick J. Duggan

COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
_______________________/
ORDER ADOPTING THE MAGISTRATE JUDGE’S 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 FOR FURTHER PROCEEDINGS PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g)
On June 20, 2014, Plaintiff filed this lawsuit challenging the final decision
of the Commissioner denying her application for disability insurance benefits. The
parties filed cross-motions for summary judgment, which were referred to
Magistrate Judge David R. Grand.
On May 28, 2015, Magistrate Judge Grand issued a Report and
Recommendation (R&R) recommending that the Court (1) grant Plaintiff’s motion
for summary judgment to the extent it seeks remand and deny the motion to the
extent it seeks an award of benefits, (2) deny Defendant’s motion for summary

judgment, and (3) remand the case for further proceedings pursuant to sentence
four of 42 U.S.C. § 405(g). At the conclusion of the R&R, Magistrate Judge
Grand advises the parties that they may object and seek review of the R&R within
fourteen days. R&R at 17 (ECF No. 16). He further specifically advises the
parties that “[f]ailure to file specific objections constitutes a waiver of any further
right of appeal.” Id. Neither party has filed objections to the R&R, and the time to
do so has expired.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by the Magistrate Judge.

The Court therefore adopts the Magistrate

Judge’s R&R. Accordingly,
IT IS ORDERED that Plaintiff’s motion for summary judgment is
GRANTED to the extent it seeks a remand and DENIED to the extent it seeks an
immediate award of benefits;
IT IS FURTHER ORDERED that Defendant’s motion for summary
judgment is DENIED.
IT IS FURTHER ORDERED that the matter is remanded for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

Dated: June 26, 2015

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
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Copies to:
John M. Brissette, Esq.
Derri T. Thomas, Esq.
Susan D. Beller, Esq.

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