Adamczyk-Drummond v. Social Security, Commissioner of

Filing 18

ORDER: (I) ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 17 ; (II) DENYING DEFENDANTS MOTION FOR SUMMARY JUDGMENT 16 ; AND (III) GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR UMMARY JUDGMENT 15 Signed by District Judge Gershwin A. Drain. (SSch)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JENNIFER ADAMCZYKDRUMMOND,
Case No. 15-cv-13493

Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN
UNITED STATES MAGISTRATE JUDGE
ELIZABETH A. STAFFORD

Defendant.
__________________________/
ORDER: (I) ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [17];
(II) DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [16]; AND
(III) GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT [15]
Jennifer Adamczyk-Drummond (Plaintiff) filed this action on October 6,
2015. Dkt. No. 1. Plaintiff sought judicial review of the Commissioner of Social
Security’s (Defendant) denial of Social Security Disability Benefits. Id., p. 2 (Pg.
ID 2). Each party filed a Motion for Summary Judgment. Dkt. Nos. 15, 16. The
matter was referred to Magistrate Judge Elizabeth Stafford.
On January 26, 2017, Magistrate Judge Stafford issued a Report and
Recommendation which recommends that the Defendant’s Motion for Summary
Judgment be denied. Dkt. No. 17. Additionally, Magistrate Judge Stafford
recommends that the Court grant Plaintiff’s Motion for Summary Judgment to the

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extent it seeks remand.

Neither party filed an objection to Magistrate Judge

Stafford’s Report and Recommendation. The time for filing objections has expired.
See 28 U.S.C. § 636(b)(1)(C). Upon review of the Magistrate Judge’s Report and
Recommendation, the Court concludes that the Magistrate Judge reached the
correct conclusion.
Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge
Stafford’s January 26, 2017 Report and Recommendation [17] as this Court’s
findings of fact and conclusions of law. Defendant’s Motion for Summary
Judgment [16] is HEREBY DENIED. Plaintiff’s Motion for Summary Judgment
[15] is GRANTED to the extent it seeks remand.
This case is HEREBY REMANDED to the Administrative Law Judge
(ALJ) for further proceedings consistent with Magistrate Judge Stafford’s Report
and Recommendation. The ALJ MUST re-evaluate her assessment with regard to
Nurse Practitioner Hintz’s opinion and Ms. Adamczyk-Drummond’s credibility.
SO ORDERED.
Dated: February 22, 2017
Detroit, MI

/s/Gershwin A Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, February 22, 2017, by electronic and/or ordinary mail.

/s/Tanya Bankston
Case Manager, [phone]
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