McKeel v. Social Security, Commissioner of

Filing 19

ORDER Accepting and Adopting 18 Report and Recommendation, GRANTING 14 Motion for Summary Judgment and DENYING 15 Defendant's Motion for Summary Judgment. Signed by District Judge Gershwin A. Drain. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ALBERT McKEEL, JR.,
Plaintiff,
Case No. 14-cv-12815
HON. GERSHWIN A. DRAIN
v.

COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
/
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#18],
GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [#14], AND
DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [#15]
This matter is before the Court on the Parties’ Cross-Motions for Summary Judgment as
to Plaintiff Albert McKeel’s claim for judicial review of Defendant’s, Commissioner of Social
Security, denial of his application for disability insurance benefits. The matter was referred to
Magistrate Judge Anthony P. Patti, who issued a Report and Recommendation on May 20, 2015,
recommending that the Court grant Plaintiff’s Motion for Summary Judgment, and deny
Defendant’s Motion for Summary Judgment. Magistrate Judge Patti further recommended that
the Court reverse the Commissioner’s findings, and remand this case to the Commissioner and
the Administrative Law Judge under Sentence Four of § 405(g) for further consideration
consistent with the Report and Recommendation.
Upon review of the Parties’ briefing and the Magistrate Judge’s Report and
Recommendation, the Court concludes that Magistrate Judge Patti reached the correct
conclusion. Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Patti’s

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May 20, 2015 Report and Recommendation [#18] as this Court’s findings of fact and
conclusions of law. Defendant’s Motion for Summary Judgment [#15] is DENIED. Plaintiff’s
Motion for Summary Judgment [#14] is GRANTED.
This cause of action is DISMISSED and REMANDED for further proceedings.
IT IS SO ORDERED.
Dated: June 26, 2015
_/s/ Gershwin A. Drain_________
Hon. Gershwin A. Drain
United States District Court Judge

Certificate of Service
I hereby certify that this Order was electronically submitted on June 26, 2015, using the
CM/ECF system, which will send notification to all parties.
s/A. Chubb
Case Manager

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