DiNicola v. Commissioner of Social Security

Filing 17

OPINION AND ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 16 . Signed by District Judge Gershwin A. Drain. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CATHY DINICOLA,
Case No. 14-cv-13937
Plaintiff,
UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

v.
COMMISSIONER OF SOCIAL SECURITY,

UNITED STATES MAGISTRATE JUDGE
ANTHONY P. PATTI

Defendant.
/
OPINION AND ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [16]
This matter is before the court on the parties’ Cross-Motions for Summary Judgment [14,
15] as to Plaintiff Cathy DiNicola’s claim for judicial review of Defendant Commissioner of
Social Security’s denial of disability benefits under the Social Security Act. The matter was
referred to Magistrate Judge Mona K. Majzoub, who issued a Report and Recommendation [16]
on August 31, 2015, recommending that the Court grant Plaintiff’s Motion for Summary
Judgment, deny Defendant’s Motion for Summary Judgment, and remand this matter to the
Commissioner for further proceedings. Neither party has filed objections to the Magistrate
Judge’s Report and Recommendation, and the time for filing objections has expired. See 28
U.S.C. § 636(b)(1)(C).
Upon review of the parties’ briefing and the Magistrate Judge’s Report and
Recommendation, the Court concludes that the Magistrate Judge reached the correct conclusion.
The matter should be remanded for further consideration due to the procedural error of
inadequate explanation in determining the effects of Plaintiff’s non-severe impairments on her
residual functional capacity.

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Accordingly, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Majzoub’s
Report and Recommendation [16] as this Court’s findings of fact and conclusions of law.
Plaintiff’s Motion for Summary Judgment [14] is GRANTED. Defendant’s Motion for
Summary Judgment [15] is DENIED.
This matter is remanded to the Commissioner of Social Security pursuant to sentence
four of 42 U.S.C. § 405(g) for further proceedings consistent with Magistrate Judge Majzoub’s
Report and Recommendation.
IT IS SO ORDERED.
Dated: September 25, 2015
/s/Gershwin A Drain
Hon. Gershwin A. Drain
United States District Court Judge

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