Cole v. Commissioner of Social Security

Filing 17

ORDER Adopting 16 Report and Recommendation: Denying 15 Motion for Summary Judgment filed by Commissioner of Social Security, Granting 14 Motion for Summary Judgment filed by Madelyn Cole and Remanding Case. Signed by District Judge Stephen J. Murphy, III. (CCoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MADELYN COLE,
Plaintiff,

Case No. 15-cv-13292

v.

HONORABLE STEPHEN J. MURPHY, III

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION
(document no. 16), DENYING COMMISSIONER’S MOTION FOR
SUMMARY JUDGMENT (document no. 15), GRANTING COLE’S MOTION
FOR SUMMARY JUDGMENT (document no. 14), AND REMANDING THE CASE
Plaintiff Madelyn Cole filed an application for disability insurance benefits. The Social
Security Administration denied her application. She then appealed to this Court under 42
U.S.C. § 405(g). The Court referred the case to a Magistrate Judge and both parties filed
motions for summary judgment. On June 14, 2016, the Magistrate Judge issued a Report
and Recommendation, advising the Court to deny the Commissioner’s motion, grant Cole’s
motion, and remand the case to the Social Security Administration for additional
consideration. ECF No. 16.
On June 17, 2016, the Clerk served a copy of the Report on both parties. Under Civil
Rule 72(b), each party had fourteen days from the date of service to file any written
objections to the recommended disposition. Neither party has filed any objections. De novo
review of the Magistrate Judge’s findings is therefore not required. See Fed. R. Civ. P.
72(b)(3). The Court has reviewed the file and the Report, and finds that the Magistrate
Judge’s analysis is proper. Accordingly, the Court adopts the Report’s findings and
conclusions and will enter an appropriate judgment.

WHEREFORE, it is hereby ORDERED that the Report and Recommendation
(document no. 16) is ADOPTED and the case is REMANDED pursuant to 42 U.S.C.
§405(g).
IT IS FURTHER ORDERED that the Commissioner’s Motion for Summary Judgment
(document no. 15) is DENIED.
IT IS FURTHER ORDERED that Cole’s Motion for Summary Judgment (document
no. 14) is GRANTED.
SO ORDERED.

s/Stephen J. Murphy, III
Stephen J. Murphy, III
United States District Judge
Dated: July 7, 2016
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on July 7, 2016, by electronic and/or ordinary mail.
s/Carol Cohron
Case Manager

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