Linebarger v. Colvin

Filing 18

ORDER Adopting 17 Report and Recommendation denying 14 Motion for Summary Judgment filed by Carolyn W. Colvin,granting in part 13 Motion for Summary Judgment filed by Lisa Rochelle Linebarger Signed by District Judge Marianne O. Battani. (KDoa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LISA ROCHELLE LINEBARGER,
Plaintiff,

CASE NO. 14-14501
HON. MARIANNE O. BATTANI

v.

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_________________________/

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION
GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
AND REMANDING FOR FURTHER PROCEEDINGS
Plaintiff Lisa Linebarger brings this action pursuant to 42 U.S.C. § 405(g),
challenging the final decision of the Commissioner denying her applications for
supplemental security income and disability insurance benefits. Plaintiff filed the claim on
May 5, 2008, alleging disability since that date. The case was before this Court for review
in 2012 and remanded for further proceedings.
After remand, a second administrative hearing was held, and in her Decision, dated
November 18, 2013, the Administrative Law Judge (“ALJ”) concluded that Plaintiff was not
disabled. The Appeals Council denied review, and Linebarger timely filed this action for
judicial review of the Commissioner's decision. The case was referred to Magistrate Judge
David R. Grand pursuant to 28 U.S.C. § 636.
In a Report and Recommendation ("R&R") dated October 9, 2015, Magistrate Judge
Grand recommended that Defendant's Motion for Summary Judgment be denied and that

Plaintiff's motion be granted to the extent it seeks remand and denied to the extent it seeks
an award of benefits. In his Report and Recommendation, the Magistrate Judge informed
the parties that objections to the R&R needed to be filed within 14 days of service and that
a party’s failure to file objections would waive any further right of appeal. (Doc. No. 17 at
21). Neither party filed an objection. Moreover, this Court agrees with the thorough
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 Plaintiff’s Motion for
Summary Judgment, and REMANDS this matter further proceedings consistent with the
R&R pursuant to sentence four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.
Date: January 14, 2016

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 January 14, 2016.
s/ Kay Doaks
Case Manager

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