Berryhill v. Social Security
ORDER Adopting Report and Recommendation GRANTING 14 Motion for Summary Judgment filed by Toni Denise Berryhill, 18 Report and Recommendation, DENYING 16 Motion for Summary Judgment filed by Social Security, Commissioner of AND REMANDING TO THE COMMISSIONER FOR FURTHER CONSIDERATION Signed by District Judge Marianne O. Battani. (KDoa)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
TONI DENISE BERRYHILL,
CASE NO. 2:15-cv-14029
HON. MARIANNE O. BATTANI
COMMISSIONER OF SOCIAL
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION;
GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; DENYING
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; AND
REMANDING TO THE COMMISSIONER FOR FURTHER CONSIDERATION
Plaintiff Toni Denise Berryhill has brought this action challenging the
Commissioner of Social Security’s final decision denying her application for Disability
Insurance Benefits and Supplemental Security Income under the Social Security Act.
The case was referred to Magistrate Judge Elizabeth A. Stafford pursuant to 28 U.S.C.
§ 636(b)(1). Both parties filed dispositive motions, and in a Report and
Recommendation ("R&R") dated January 6, 2017, Magistrate Judge Stafford
recommended that Plaintiff's Motion for Summary Judgment be granted and that the
Commissioner’s Motion for Summary Judgment be denied. (Doc. 18).
In the R&R, the Magistrate Judge informed the parties that objections to the R&R
needed to be filed within fourteen days of service and that a party’s failure to file
objections would waive any further right of appeal. (Id., pp. 18-19). Neither party filed
objections. Because no objections have been filed in this case, the parties waived their
right to de novo review and appeal. Accordingly, the Court ADOPTS the Magistrate
Judge’s Report and Recommendation (Doc. 18), GRANTS Plaintiff’s Motion for
Summary Judgment (Doc. 14), and DENIES the Commissioner’s Motion for Summary
Judgment (Doc. 16). The Court therefore REMANDS Plaintiff’s claim to the
Commissioner for further administrative proceedings consistent with the R&R.
IT IS SO ORDERED.
Date: March 3, 2017
s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to
their respective email addresses or First Class U.S. mail to the non-ECF participants on March 3, 2017.
s/ Kay Doaks
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