Wessinger v. Commissioner of Social Security

Filing 18

ORDER (1) Granting Plaintiff's 13 Motion for Summary Judgment, (2) Denying Defendant's 14 Motion for Summary Judgment, and (3) Remanding Plaintiff's Claim for Benefits for Further Proceedings. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
NANCY WESSINGER,
Plaintiff,

Case No. 15-cv-13848
Hon. Matthew F. Leitman

v.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
_________________________________/
ORDER (1) GRANTING PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT (ECF #13), (2) DENYING DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT (ECF #14), AND (3) REMANDING PLAINTIFF’S
CLAIM FOR BENEFITS FOR FURTHER PROCEEDINGS
In this action, Plaintiff Nancy Wessinger (“Plaintiff”) challenges the denial of
her application for disability insurance benefits. (See Compl., ECF #1.) Plaintiff and
the Commissioner of Social Security (“Defendant”) have now filed cross-motions
for summary judgment. (See ECF ## 13, 14.)
On February 16, 2017, the assigned Magistrate Judge issued a Report and
Recommendation recommending that the Court grant Plaintiff’s motion, deny
Defendant’s motion, and this matter be remanded to the Social Security
Administration for further proceedings (the “R&R”). (See ECF #17.)

At the

conclusion of the R&R, the Magistrate Judge informed the parties that if they wanted

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to seek review of her recommendation, they needed to file specific objections with
the Court within fourteen days. (See id. at 28-29, Pg. ID 779-80.)
Defendant has not filed any objections to the R&R. The failure to file
objections to an R&R waives any further right to appeal. See Howard v. Sec'y of
Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); Smith v. Detroit Fed'n of
Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to
object to an R&R releases the Court from its duty to independently review the matter.
See Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, because Defendant has failed to file any objections to the R&R,
IT IS HEREBY ORDERED that the Magistrate Judge’s recommendation to grant
Plaintiff’s Motion for Summary Judgment is ADOPTED.
IT IS FURTHER ORDERED that (1) Plaintiff's Motion for Summary
Judgment (ECF #13) is GRANTED; (2) Defendant’s Motion for Summary
Judgment (ECF #14) is DENIED; and (3) Plaintiff’s claim for benefits is remanded
to the Social Security Administration for further proceedings consistent with the
R&R (ECF #17) and this order.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: March 8, 2017
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I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on March 8, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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