Pickell v. Social Security
Filing
14
ORDER (1) Adopting 13 Report and Recommendation, (2) Granting in Part Plaintiff's 10 Motion for Summary Judgment, (3) Denying Defendant's 12 Motion for Summary Judgment, and (4) Remanding Plaintiff's Claim for Benefits for Further Proceedings. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TERISA LYN PICKELL,
Plaintiff,
Case No. 14-cv-12824
Hon. Matthew F. Leitman
v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
_________________________________/
ORDER (1) ADOPTING REPORT AND RECOMMENDATION (ECF #13),
(2) GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT (ECF #10), (3) DENYING DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT (ECF #12), AND (4) REMANDING PLAINTIFF’S
CLAIM FOR BENEFITS FOR FURTHER PROCEEDINGS
On August 12, 2015, Magistrate Judge Mona K. Majzoub issued a Report
and Recommendation (“R&R”) recommending that the Court grant in part Plaintiff
Terisa Lyn Pickell’s Motion for Summary Judgment (ECF #10) and deny the
Defendant Commissioner of Social Security's Motion for Summary Judgment
(ECF #12). (See ECF #13.) The Magistrate Judge further recommended that
Plaintiff’s claim for disability insurance benefits be remanded to the Commissioner
of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). (See id. at 1-2,
Pg. ID 386-387.) The R&R stated that the parties could object to and seek review
of the recommendation within fourteen days. (See id. at 16-17, Pg. ID 401-402.)
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Neither party has objected to the R&R.
Failure to file objections to the
R&R waives any further right to appeal. See Howard v. Sec'y of Health and
Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of Teachers
Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to
the Magistrate Judge’s R&R releases the Court from its duty to independently
review the matter. See Thomas v. Arn, 474 U.S. 140, 149 (1985). The Court has
nevertheless reviewed the R&R and agrees with the findings and conclusions of
the Magistrate Judge.
Therefore, IT IS HEREBY ORDERED that the Magistrate Judge's August
12, 2015, Report and Recommendation (ECF #13) is ADOPTED as the Opinion
of this Court. IT IS FURTHER ORDERED, for the reasons stated in the R&R,
that (1) Plaintiff's Motion for Summary Judgment (ECF #10) is GRANTED IN
PART, (2) Defendant's Motion for Summary Judgment (ECF #12) is DENIED,
and (3)Plaintiff’s claim for benefits is REMANDED for further proceedings
consistent with this Order and the Report and Recommendation.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: September 1, 2015
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I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on September 1, 2015, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
(313) 234-5113
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