Ali v. Colvin

Filing 23

ORDER granting in part and denying in part 13 Motion for Summary Judgment; denying in part 18 Motion for Summary Judgment; adopting 22 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 MUSA HASSAN ALI, Case No. 15-14483 Plaintiff, SENIOR U.S. DISTRICT JUDGE ARTHUR J. TARNOW v. COMMISSIONER OF SOCIAL SECURITY, U.S. MAGISTRATE JUDGE PATRICIA T. MORRIS Defendant. / ORDER ADOPTING REPORT AND RECOMMENDATION [22]; GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [13]; AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [18] On January 20, 2017, Magistrate Judge Morris issued a Report and Recommendation [22] on the parties’ motions for summary judgment [13, 18]. Neither party filed any objection to the Report and Recommendation. Judge Morris recommended the following:  Plaintiff Musa Hassan Ali’s Motion for Summary Judgment [13] be granted in part as to the analysis of Listing 3.02A or B, but denied in all other respects;  Defendant Commissioner’s Motion for Summary Judgment [18] be denied in part; and  This case be remanded for further proceedings under Sentence Four of 42 U.S.C. § 405(g).1 1 Sentence Four of 42 U.S.C. § 405(g) states: The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing. 1 The Court having reviewed the record, the Report and Recommendation [22] is hereby ADOPTED and entered as the findings and conclusions of the Court. Accordingly, IT IS ORDERED that Plaintiff’s Motion for Summary Judgment [13] is GRANTED IN PART. Plaintiff’s claim is REMANDED to the Commissioner for further proceedings consistent with this Order. IT IS FURTHER ORDERED that Defendant’s Motion for Summary Judgment [18] is DENIED IN PART. SO ORDERED. Dated: February 23, 2017 s/Arthur J. Tarnow Arthur J. Tarnow Senior United States District Judge 2

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