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)

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
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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.
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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

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