Wolfe v. Colvin

Filing 29

ORDER granting 20 Motion for Summary Judgment; denying 24 Motion for Summary Judgment; adopting 28 Report and Recommendation. Signed by District Judge Arthur J. Tarnow. (MLan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT L. WOLFE, Case No. 15-13854 Plaintiff, SENIOR U.S. DISTRICT JUDGE ARTHUR J. TARNOW v. COMMISSIONER OF SOCIAL SECURITY, U.S. MAGISTRATE JUDGE R. STEVEN WHALEN Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION [28]; GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [20]; AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [24] AND REMANDING CASE On December 15, 2016, Magistrate Judge Whalen issued a Report and Recommendation (R&R) [28] on the Plaintiff’s Motion for Summary Judgment [20] and Defendant’s Motion for Summary Judgment [24]. This R&R recommended that the Court grant Plaintiff’s Motion for Summary Judgment, deny Defendant’s Motion for Summary Judgment, and remand the case for an award of benefits under 42 §405(g). Faucher v. Secretary of Health and Human Services, 17 F. 3d 171 (6th Cir. 1994). Neither party has filed any objection to the Report and Recommendation. Page 1 of 2 The Court having reviewed the record, the Report and Recommendation [28] is hereby ADOPTED and entered as the findings and conclusions of the Court. Accordingly, IT IS ORDERED that Plaintiff’s Motion for Summary Judgment [20] is GRANTED and Defendant’s Motion for Summary Judgment [24] is DENIED. IT IS FURTHER ORDERED that the case is REMANDED for an award of benefits consistent with the Report and Recommendation. THIS CASE IS CLOSED. SO ORDERED. Dated: January 12, 2017 s/Arthur J. Tarnow Arthur J. Tarnow Senior United States District Judge Page 2 of 2

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