Moss v. Commissioner of Social Security

Filing 17

ORDER Adopting 16 Report and Recommendation Granting 13 Motion for Summary Judgment filed by Charles David Moss, Denying 14 Motion for Summary Judgment filed by Social Security, Commissioner of, Reversing the Findings of the Commissioner and Remanding for Further Proceedings. Signed by District Judge Paul D. Borman. (DTof)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHARLES DAVID MOSS, Plaintiff, Case No. 15-cv-11576 Paul D. Borman United States District Judge v. Mona K. Majzoub United States Magistrate Judge COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________/ ORDER (1) ADOPTING THE MAGISTRATE JUDGE’S JULY 12, 2016 REPORT AND RECOMMENDATION (ECF NO. 16), (2) GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF NO. 13), (3) DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF NO. 14), (4) REVERSING THE FINDINGS OF THE COMMISSIONER AND (5) REMANDING FOR FURTHER PROCEEDINGS UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) On July 12, 2016, Magistrate Judge Mona K. Majzoub issued a Report and Recommendation to GRANT Plaintiff’s Motion for Summary Judgment, DENY Defendant’s Motion for Summary Judgment, REVERSE the findings of the Commissioner and REMAND this matter for further proceedings under Sentence Four of 42 U.S.C. § 405(g). Having reviewed the Report and Recommendation, and there being no timely objections under 28 U.S.C. § 636(b)(1) and E.D. Mich L. R. 72.1(d), 1 the Court ADOPTS the Report and Recommendation (ECF No. 16), GRANTS Plaintiff’s Motion for Summary Judgment (ECF No. 13), DENIES Defendant’s Motion for Summary Judgment (ECF No. 14), REVERSES the findings of the Commissioner and REMANDS the matter for further proceedings under Sentence Four of 42 U.S.C. § 405(g). IT IS SO ORDERED. s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: August 9, 2016 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on August 9, 2016. s/Deborah Tofil Case Manager 2

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